On November 21, 2024, Marcella Ballard, Kristen Ruisi, and Maria Sinatra published “Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights” in Law360. The following is an excerpt:
The U.S. Court of Appeals for the Second Circuit recently heard oral argument in Hermes International SA v. Rothschild.
This case is an appeal from the U.S. District Court for the Southern District of New York. There, a jury verdict found in favor of plaintiffs Hermes International and Hermes of Paris Inc. against Mason Rothschild on trademark infringement over Rothschild's use of Hermes' iconic Birkin bag imagery on "MetaBirkin" nonfungible tokens offered for sale on an NFT marketplace.
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