The Chamber of Digital Commerce (CDC), a prominent blockchain and digital asset trade association, filed an amicus curiae brief in support of French design house Hermès in its legal battle against artist Mason Rothschild over the creation of “MetaBirkins” non-fungible tokens (NFTs). The outcome of this case could set a precedent for how trademarks are applied to digital assets in the Metaverse and beyond, impacting the entire digital economy. Hermès recently secured a victory when a federal jury ruled in its favor, finding Rothschild guilty of cybersquatting and brand dilution. Despite the verdict, Rothschild intends to continue fighting the decision, arguing that his work constitutes artistry akin to Andy Warhol’s iconic Campbell’s soup cans.
The CDC’s brief argues that Hermès’ right to sell its digital goods should receive the same trademark protection as physical goods, emphasizing the established brand identity’s importance in assigning value to MetaBirkins. The association compares Hermès’ NFTs to those of other brands like Tiffany & Co. and asserts that offering goods in a digital space should not diminish trademark protection.
While Rothschild may appeal the verdict, the implications of this case extend beyond the courtroom, shaping the legal landscape for digital assets and trademark protection in the evolving Metaverse environment.
