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Hermes International v. Rothschild
Case Number:
23-1081
Court:
Nature of Suit:
3840 PROPERTY RIGHTS-Trademark
Companies
Sectors & Industries:
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January 01, 2025
Trademark Cases To Watch In 2025
Justices will decide whether it's appropriate to have corporate affiliates of a trademark defendant pay $47 million in damages, and appellate courts are expected to grapple with how to apply the U.S. Supreme Court's 2023 opinion in Jack Daniel's fight over a chewy dog toy. Here are Law360's picks for trademark cases to watch in 2025.
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October 23, 2024
'MetaBirkins' TM Appeal May Split 2nd Circ. On Art Question
A Second Circuit panel appeared divided Wednesday over whether a Los Angeles man should be liable for infringing Hermès International's handbag trademarks with his "MetaBirkins" nonfungible tokens, with two judges seemingly siding with the Paris designer and one with the purported artist.
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February 26, 2024
MetaBirkins NFT Maker Tells 2nd Circ. 'Artwork' Is Protected
The creator of the MetaBirkins non-fungible token collection has told the Second Circuit that his use of the iconic Hermès bag's name and likeness was relevant to his artwork but said the New York court misapplied the test of whether it was protected speech when it found that the digital assets infringed on the fashion house's trademarks.
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February 05, 2024
Hermes Urges 2nd Circ. To Affirm Win In MetaBirkins NFT Row
Hermès urged the Second Circuit on Friday to ignore arguments on appeal by the non-fungible token creator found liable for ripping off the luxury goods company's Birkin bag that the jury's ruling on intent improperly ignored free-speech art rights.
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January 02, 2024
Judge Says 'Valueless' MetaBirkins NFTs Can't Be Collateral
U.S. District Judge Jed Rakoff has concluded that a Los Angeles speculator's non-fungible tokens appeared to be "valueless items," deciding he couldn't use them as collateral to cover a $133,000 jury verdict he lost to the Hermes brand in a trademark case.
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January 01, 2024
Trademark Cases To Watch In 2024
The U.S. Supreme Court will soon rule in a case that tests the limits of registering trademarks involving living public figures with a proposed mark for "Trump Too Small," and the Federal Circuit will weigh in on an appeal that pushes the boundaries of profanities as trademarks. Here are Law360's trademark cases to watch in 2024.
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November 07, 2023
MetaBirkins NFT Maker Says Trial Judge Misapplied Precedent
The non-fungible token creator found liable for ripping off Hermes' Birkin bag told the Second Circuit that U.S. District Court Judge Jed Rakoff "wrongly focused on questions of intent" throughout his trial rather than whether the NFTs at the center of the case were protected free speech.