Hermes have been awarded $133,000 (approx £109,603.00) in damages for trade mark infringement, dilution and cybersquatting of its famous Birkin handbag in a landmark victory.
A jury in New York City returned the verdict last week meaning digital artist Mason Rothschild is liable for the infringement as a result of his MetaBirkin NFT’s. This decision is a landmark one and will be used as a precedent for future artists, brands and others entering into the meta universe. The decision demonstrates that real world intellectual property rights are applicable and will be enforced in the meta universe. However, no clear guidance surrounding the same has been issued.
The decision however, may be subject to appeal. It is to be seen if Mason Rothchild will seek to make an appeal.
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