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.
Learn more:
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.
The data and technology business has developed proprietary tools that allow analysis of customer engagement, marketing strategies and lifetime value, working with the likes of The Economist, MyTheresa and Diageo. BoF speaks to Good Growth’s CEO and co-founder to learn more.
The sneaker brand has faced challenges in the year since it launched a 3D online space and introduced NFT-linked sneakers, but it sees a long-term opportunity ahead in virtual goods and experiences, including a chance to make them a significant part of its business.
The company, which rolled out its Shop feature to all US users this week, is banking on its powerful algorithm to help it succeed where Instagram and others have failed by delivering a constant stream of products along with its targeted content into users’ feeds.
The buzzy brand, which used the technology to help design the collection it showed at New York Fashion Week, appears to be the first to use it to create physical runway looks, or at least the first to acknowledge it.