by Cleo Suero | May 10, 2022 | Associate, Blog, Trademark
New York Southern District Judge Jed Rakoff has rejected artist Mason Rothchild’s motion to dismiss Hermes International S.A.’s lawsuit over his sale of non-fungible tokens called “MetaBirkins”. Judge Rakoff said he would lay out his reasoning in a later opinion. In...
by Cleo Suero | Mar 30, 2022 | Copyright
This week, the U.S. Supreme Court agreed to hear an appeal filed by the Andy Warhol Foundation to overturn the U.S. Court of Appeals for the Second Circuit’s decision finding that Warhol’s paintings of the musician Prince created in 1984 were not “fair use” of Lynn...
by Cleo Suero | Feb 15, 2022 | Blog, Uncategorized
Legal action is ongoing after Mason Rothchild released a series on Rarible of 100 Birkin bag-inspired non-fungible tokens (NFTs) with simulated fur entitled “MetaBirkin” in December 2021. These NFTs share no affiliation or profits with Hermès, the luxury fashion brand...
by Cleo Suero | Feb 8, 2022 | Blog, Trademark
Over the past few months, there has been a slew of new U.S and foreign equivalent intent-to-use trademark applications filed for virtual goods and spaces, particular within the fashion industry. For example, this past November, third parties...
by Cleo Suero | Jan 3, 2022 | Blog, Trademark
On December 17, 2021, the American jewelry brand David Yurman filed a lawsuit in the Southern District of New York against its 8-year-old Canadian-based rival, Mejuri, asserting two counts of unregistered trade dress infringement and state law dilution.In the...
