Partner Ron Dreben is quoted in a World IP Review article about the future of non-fungible tokens (NFTs). Ron noted that a key case involving NFTs in 2023 would be Hermès International, et al. v. Mason Rothschild, which involves a lawsuit filed by Hermès International against Mason Rothschild for allegedly minting and selling digital versions of its Birkin handbag as NFTs.
“The case should provide helpful guidance about how trademark rights in the real world carry over to the metaverse, and whether First Amendment protection may be available to NFTs that purport to make some type of statement about the underlying work or product,” Ron said.
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