‘A Lot of Gray’ for NFT Artists Despite MetaBirkins Jury Verdict

Hermès International SA‘s trial victory against digital artist Mason Rothschild over his “MetaBirkin” nonfungible tokens leaves the free speech dispute underlying the case unresolved, despite the company’s win against the artist.

A nine-person jury in Manhattan federal court found this week that Rothschild’s NFTs, which link to digital images of Hermès’ famous Birkin handbag covered in colorful faux fur, infringed on Hermès’ trademark rights. Rothschild’s attorneys have already signaled they plan to appeal the decision, only the first at the intersection of NFTs and intellectual property law.

Meanwhile, the US Supreme Court is set to review another trademark case ...