MetaBirkins NFT Suit Ripe for Rogers Trademark Test, Judge Says

Hermès International’s trademark infringement lawsuit against a nonfungible token artist should be evaluated with the Rogers test, a Second Circuit ruling used to balance free speech and trademark violations, a New York federal judge said.

But Judge Jed S. Rakoff of the US District Court for the Southern District of New York couldn’t resolve factual disputes at this stage of the case over whether artist Mason Rothschild’s MetaBirkins NFTs were artistically relevant or if they explicitly misled consumers.

Rakoff’s opinion, released Wednesday, came after he denied Rothschild’s motion to dismiss the complaint in a one-page order earlier this month.

The ...