News & Analysis as of

Digital Assets Fashion Industry

Benesch

Seeing Double: New York Fashion Workers Act Creates New Consent Requirements for Use of Generative AI Tools to Create Models’...

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In the fashion industry, control over image and likeness is a model’s currency. On June 19, New York imposed new consent requirements for the use of generative artificial intelligence (AI) tools that substantially...more

Bodman

First-of-Its-Kind Lawsuit Pitting Claims of Artistic Expression Involving NFTs Against Trademark Rights Should Have All Mark...

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Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should...more

Shutts & Bowen LLP

Case Update: Hermès Prevails in MetaBirkins Lawsuit; Jury Rejects Rothschild’s First Amendment Defense

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Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the...more

Jones Day

"MetaBirkins" Bagged: NFT Creator Found Liable for Trademark Infringement

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In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more

Polsinelli

Jury Sides with Hermès in Pivotal NFT Trademark Case

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On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens...more

Hogan Lovells

“MetaBirkins” are not workin’ - Hermès wins jury trial in NFT trademark infringement brawl

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Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungible tokens (“NFTs”). A federal jury in Manhattan recently found that an artist’s NFT...more

Nelson Mullins Riley & Scarborough LLP

NFTs Found to Infringe Hermès Trademark

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its...more

Miller Nash LLP

Jury Delivers Verdict in Closely Watched Trademark/NFT Case

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A jury verdict Wednesday morning in a closely watched dispute between an iconic fashion house and a creator and seller of NFTs is a dramatic new development in the ongoing dialogue over the question “What is an expressive...more

Pierce Atwood LLP

IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

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There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...more

Hogan Lovells

2022 Annual Retail and Fashion Holiday Guide

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The holiday shopping season is upon us once again and this year, much like last year, continues to present unique challenges and opportunities for consumer companies and retailers. In this nearly “post-COVID” environment,...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Fashion Meets Web3 – Protecting Emerging Phygital Fashion Innovations

Web3, the up-and-coming decentralized iteration of the World Wide Web built on the blockchain, presents a unique opportunity for fashion brands to provide consumers with phygital—physical plus digital—experiences. Creating...more

Stinson LLP

Meta Bags: NFT Complications and Considerations for Traditional Brand Owners

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In yet another example of the law trying to keep up with technology, the U.S. District Court for the Southern District of New York issued a decision in Hermès International, et al. v. Mason Rothschild that examines...more

K&L Gates LLP

Brussels Regulatory Brief: February 2022

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Commission Approves €900 Million German Scheme to Support Investments in Production of Green Hydrogen - The purpose of the scheme entitled “H2Global” is to advance the international market expansion of renewable hydrogen,...more

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