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EUIPO on trade marks and designs in the metaverse

The IPKat

Over the past few years, there has been an increased interest in the metaverse (see IPKat posts here ) and NFTs , non-fungible tokens (see IPKat posts here ). Challenges involving designs in the metaverse were also addressed. The speakers were Kelly Bennett and Thom Clark from the Legal Department. see here ).

Designs 144
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Artist Can Exhibit 'MetaBirkins' NFT Despite TM Trial Loss

IP Law 360

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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Artist Can't Exhibit 'MetaBirkins' NFT After TM Trial Loss

IP Law 360

The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.

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Hermès’ Challenge of ‘MetaBirkin’ NFTs Foretells Future Trademark Litigation Trends

IP Watchdog

The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse.

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Jury Sides with Hermès in Pivotal NFT Trademark Case

JD Supra Law

Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens (NFTs) of METABIRKINS in the metaverse, thereby infringing and diluting Hermès’ BIRKIN mark that is used for luxury handbags. By: Polsinelli

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Lawsuits are spiking on the issue of whether non-fungible tokens (“NFTs”) qualify as “real” goods for the purpose of trademark protection – May 16, 2022

CoCal IP Law Institute

Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset. Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L.

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MetaBirkins Creator Can't Get New TM Trial After Hermes Loss

IP Law 360

A New York federal judge rejected Friday a Los Angeles designer's request for a new trial and his challenge of Hermes International's jury win in its trademark lawsuit over the designer's "MetaBirkins" non-fungible tokens, rejecting his argument that jury instructions misled jurors about expressive work protected under the First Amendment.