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Hermès in legal battle over NFT MetaBirkin bags

Marc Bain

25 Jan 2023

The trademark battle over NFTs is set to establish important precedents in how the law treats digital assets, leaving IP attorneys eagerly watching.

Quick Facts:


  • After Hermès sued the creator of the MetaBirkins NFTs earlier this year, the first filings and orders from the judge have started coming in, more clearly defining the stakes of the case.

  • The case is tackling questions like whether NFTs can qualify as artistic expression and other matters that are set to establish important legal precedents around these and other digital assets.

  • Brands are eager to protect their IP in web3 and digital environment as a growing number launch their own NFTs or create virtual assets.

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