The creator of the MetaBirkins non-fungible token (NFT) collection is contesting the application of protected speech in his Second Circuit case. He asserts his use of the iconic Hermès bag’s name and likeness were pertinent to his digital creations. However, he also claimed that the New York court erred in its judgement when it found his digital assets violated the fashion company’s trademarks.
The MetaBirkins NFT collection came into dispute following its utilization of the prestigious Hermès bag’s name and likeness, leading to concerns over trademark infringement. The creator defended his work as protected speech based on its artistic relevance, but the court’s ruling found in favor of the fashion house.
It will be the Second Circuit’s responsibility to review whether the previous ruling correctly applied the test of protected speech in this context. This case continues to unfold, adding to the emerging jurisprudence surrounding intellectual property rights in the burgeoning digital and NFT space. Read the detailed legal arguments and developments here.