The Business of Fashion
Agenda-setting intelligence, analysis and advice for the global fashion community.
Agenda-setting intelligence, analysis and advice for the global fashion community.
In a one-page ruling on Dec. 30, US district judge Jed Rakoff shot down each side’s hopes of obtaining an immediate conclusion to the saga, with a trial set to commence on Jan. 30.
The French luxury house first sued Mason Rothschild over his NFTs depicting fuzzy and colourful digital renditions of its famed Birkin bag nearly a year ago. Since, the two sides have been battling in court in a high-stakes case whose outcome could shape how the law treats similar NFTs. Hermès claims the digital goods infringe its trademarks and dilute the Birkin name. Rothschild has countered that his NFTs are a form of art protected as free speech by the US Constitution.
Both sides moved for summary judgments, in which the court concludes there are no questions about the facts or law and decides the case based on the arguments made in the court papers submitted. In his ruling, however, Rakoff rejected the motions, saying the court would issue an opinion explaining the decision by Jan. 20.
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Why Hermès’ MetaBirkins Lawsuit Has High Stakes for Brands and Creators
The trademark battle over NFTs is set to establish important precedents in how the law treats digital assets, leaving IP attorneys eagerly watching.
Brands are using them for design tasks, in their marketing, on their e-commerce sites and in augmented-reality experiences such as virtual try-on, with more applications still emerging.
Brands including LVMH’s Fred, TAG Heuer and Prada, whose lab-grown diamond supplier Snow speaks for the first time, have all unveiled products with man-made stones as they look to technology for new creative possibilities.
Social networks are being blamed for the worrying decline in young people’s mental health. Brands may not think about the matter much, but they’re part of the content stream that keeps them hooked.
After the bag initially proved popular with Gen-Z consumers, the brand used a mix of hard numbers and qualitative data – including “shopalongs” with young customers – to make the most of its accessory’s viral moment.