Neil Elan was recently quoted in a Vogue Business article about Hermès’ motion to block Mason Rothschild’s Metabirkin NFT sales, following the luxury fashion house’s trademark infringement win against Rothschild. Neil explained that Hermès’ win left unanswered questions regarding the fate of existing Metabirikin NFTs, and what this means for NFT artists at large.
The extent of injunctive relief will ideally provide some clarity for NFT artists whose existing work could potentially infringe on another’s existing IP. Neil explained to Vogue Business some questions raised throughout the duration of this case include, “What should the artist do to mitigate any potential damages arising from the infringement? Should it reach out to the IP owner? Should it set aside all royalties received? Should it reach out to the purchaser(s) of the NFT to prevent further secondary sales?” Neil also highlighted concerns that might be shared by NFT marketplaces, stating, “The last thing that an NFT marketplace wants to deal with is a claim by a brand that it was complicit in the alleged infringement because it failed to delist an allegedly infringing NFT.”
Read “Hermès motions to block Metabirkin NFT sales following trial”
