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On January 30, the first trial related to the protection of intellectual property<\/strong> related to NFTs in fashion and luxury<\/strong> will start in the Southern District Court of New York<\/strong>. The case is between the American digital artist Mason Rothschild<\/strong> and the House of Herm\u00e8s<\/strong>.<\/p>\n <\/p>\n The first had launched during the celebrations of the Miami Art Basel 2021<\/strong>, a collection of 100 NFT “MetaBirkin<\/strong>“, each representing the model of handbag Hermes “Birkin”, declined in faux fur.<\/p>\n <\/p>\n The luxury house<\/strong> was quick to respond to the dazzling success of this initiative (which had already raised $1 million by early January 2022). It requested and obtained the cessation of sales in the Metavers on the OpenSea platform<\/strong>. But Mason Rothschild continued to offer its Nft on its website, referring to other platforms like Rarible.<\/p>\n <\/p>\n For Herm\u00e8s, the stakes are high: its bags inspired by the English artist are sold for more than $10,000 “in real life” (in the physical world) and can reach heights on the second-hand market, because of their rarity. Her most expensive model, “Himalaya Niloticus Crocodile Diamond Birkin 30,” sold for $380,000 at Christie’s auction in 2011.<\/p>\n <\/p>\n <\/p>\n Hence the trial that will oppose the two parties at the end of the month. The opportunity to see two strong arguments.<\/p>\n <\/p>\n Mason Rothschild pleads freedom of expression (in this case artistic), protected by the first amendment of the American constitution. “I do not create or sell fake Birkin bags. I have made works of art. I will not let myself be intimidated,<\/em>” he said, while emphasizing the socially committed nature of his Nft, aiming “to denounce animal abuse.”<\/em><\/p>\n <\/p>\n The artist refers to the famous case of Andy Warhol’s paintings<\/strong> that explicitly represent Campbell’s soup cans. On the legal front, his lawyers<\/strong> will also rely on the Rogers V.Grimaldi case law, dating from 1998, according to which “everyone is free to exploit a protected trademark as long as this exploitation constitutes an artistic expression and does not explicitly mislead consumers.”<\/em><\/p>\n <\/p>\n But Herm\u00e8s vigorously opposes this version. For his lawyer, the artist “purely and simply hijacks the famous Birkin brand of Herm\u00e8s by adding the generic prefix Meta” and “There is no doubt that this success stems from his confused and dilutive use of Herm\u00e8s. In addition to the termination of Mason Rothschild’s Nft business, the luxury house is seeking the assignment of the MetaBirkins.com domain name as well as damages and profits from the sale of its collection.”<\/em><\/p>\n <\/p>\n The case, which illustrates the intellectual property issues related to the rise of Nft in luxury and fashion, will be closely followed by the industry. According to a recent study by Bain & Company, 51% of the French luxury industry is considering launching one or more NFT projects before 2025.<\/p>\n <\/p>\n <\/p>\n Read also > NFT \u201cMetaBirkins\u201d: Why Herm\u00e8s accuses a digital artist of damaging its brand image<\/a><\/p>\n <\/p>\n Featured photo : \u00a9 Reproduction\/Mason Rothschild[\/vc_column_text][\/vc_column][\/vc_row][vc_row njt-role=”not-logged-in”][vc_column][vc_column_text]<\/p>\n <\/p>\n On January 30, the first trial related to the protection of intellectual property<\/strong> related to NFTs in fashion and luxury<\/strong> will start in the Southern District Court of New York<\/strong>. The case is between the American digital artist Mason Rothschild<\/strong> and the House of Herm\u00e8s<\/strong>.<\/p>\n <\/p>\n The first had launched during the celebrations of the Miami Art Basel 2021<\/strong>, a collection of 100 NFT “MetaBirkin<\/strong>“, each representing the model of handbag Hermes “Birkin”, declined in faux fur.<\/p>\n <\/p>\n The luxury house<\/strong> was quick to respond to the dazzling success of this initiative (which had already raised $1 million by early January 2022). It requested and obtained the cessation of sales in the Metavers on the OpenSea platform<\/strong>. But Mason Rothschild continued to offer its Nft on its website, referring to other platforms like Rarible.<\/p>\n <\/p>\n For Herm\u00e8s, the stakes are high: its bags inspired by the English artist are sold for more than $10,000 “in real life” (in the physical world) and can reach heights on the second-hand market, because of their rarity. Her most expensive model, “Himalaya Niloticus Crocodile Diamond Birkin 30,” sold for $380,000 at Christie’s auction in 2011.<\/p>\n <\/p>\n <\/p>\n Hence the trial that will oppose the two parties at the end of the month. The opportunity to see two strong arguments.<\/p>\n <\/p>\n […][\/vc_column_text][vc_cta h2=”This article is reserved for subscribers.” h2_font_container=”tag:h2|font_size:16|text_align:left” h2_use_theme_fonts=”yes” h4=”Subscribe now !” h4_font_container=”tag:h2|font_size:32|text_align:left|line_height:bas” h4_use_theme_fonts=”yes” txt_align=”center” color=”black” add_button=”right” btn_title=”I SUBSCRIBE !” btn_color=”danger” btn_size=”lg” btn_align=”center” use_custom_fonts_h2=”true” use_custom_fonts_h4=”true” btn_button_block=”true” btn_custom_onclick=”true” btn_link=”url:https%3A%2F%2Fluxus-plus.com%2Fen%2Fsubscriptions-and-newsletter-special-offer-valid-until-september-30-2020-2-2%2F”]Get unlimited access to all articles and live a new reading experience, preview contents, exclusive newsletters…<\/p>\nStrong arguments<\/h2>\n
The luxury brand will defend its intellectual property rights in New York at the end of January against the artist Mason Rothschild, who created the NFT collection, MetaBirkin, which will be launched online at the end of 2021 and is inspired by the famous Herm\u00e8s model.<\/h4>\n
Strong arguments<\/h2>\n