Following on from the podcast on trademark law in the metaverse, we now deal with the question of what happens when trademark law and artistic freedom meet in the metaverse. Of particular interest here is the US case of Hermès vs Rothschild. Artist Mason Rothschild created an NFT series called “MetaBirkins”, which led to him being sued. Adrian Zarm and Patrick Schneider, both from the Intellectual Property practice, look at whether brand names are protected in virtual space and how artistic freedom fits into all this.
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