Neil Elan was recently quoted in a Vogue Business article examining the Hermès v. Metabirkins verdict which sided with luxury fashion house Hermès. The trial was to determine whether artist Mason Rothschild’s “Metabirkin” NFTs infringed on Hermès’ trademark. Based on this trial, Neil provided Vogue with his perspective on the state of future NFT trademark cases, saying “NFT artists will need to argue something more compelling than artistic expression.”
Neil also suggests that going forward, NFT artists may want to seek legal counsel before incorporating trademarked properties into their work. He noted, “While creatives laud NFTs because they allow for sales and showcasing of art to anyone in the world — all someone needs is a screen — this same worldwide accessibility also makes it more likely that the trademark owner will be able to discover the potential infringement.”
Read “What the Metabirkins verdict means for the future of Web3 fashion”
