In a recent turn of events, Hermès, the renowned luxury goods company, has petitioned the Second Circuit to dismiss the appeal brought forward by a non-fungible token (NFT) artist. The artist had previously been held accountable for illegally using the image of the company’s signature Birkin bag in his works. The jury, while passing their ruling, had dismissed the artist’s justification that the copying exercise was under free-speech art rights. However, the defendant has called into question the jury’s refusal to consider the argument of artistic freedom, thus bringing the discussion back to the courts.
Nonetheless, reports confirm that Hermès is seeking to uphold their earlier triumph in the case. In an elaborate argument, they have stressed that the previous jury verdict regarding the NFT creator’s intentions should not be overshadowed by the latter’s dispute about artistic liberty.