Remove Cease and Desist Remove Non-Fungible Tokens Remove Registration Remove Trademark Law
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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Non-fungible tokens (‘NFTs’) have occupied a significant space in current legal discourse, in no small part due to the numerous legal questions that have emerged in their wake. Authors: Abhijay Srekanth and Vivek Basanagoudar.

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

IPilogue

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.”