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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. Vivek Basanagoudar is a fourth year law student at Jindal Global Law School. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute.

Trademark 130
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It’s Not a Bag, it’s a MetaBirkin!

IPilogue

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Hermès’ Action.