Liz Sbardellati, Partner and head of the Trademark Protection & Enforcement Group, shared her insights with World Intellectual Property Review regarding Hermes’ trademark trial against Mason Rothschild, the creator of the “MetaBirkin” NFT.

Excerpts: 

Elizabeth Sbardellati of Greenberg Glusker says the case tells us how consumers are viewing NFTs “as commodities that are essentially one-to-one replacements for items in the real world”.

“A MetaBirkin is just a bag in the metaverse; it’s not art simply by virtue of being marketed as an NFT,” she adds.

Resources

• MetaBirkins: What now for NFTs? (subscription required)