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MetaBirkin NFTs Are Protected by First Amendment, Artist Argues

Feb. 10, 2022, 3:56 PM

Digital artist Mason Rothschild’s MetaBirkin NFTs are protected by a test balancing First Amendment rights against a brand’s need to protect its trademarks, Rothschild is arguing in a New York federal court.

Rothschild’s NFTs pass a test set forth by the U.S. Court of Appeals for the Second Circuit in Rogers v. Grimaldi because there’s artistic relevance to his use of the marks and he doesn’t explicitly mislead consumers on the source of the virtual bags, Rothschild argued in seeking dismissal of the case.

The virtual Birkins are “unique, fanciful interpretations,” because covering the bags with faux fur provides a ...