NFTs And Terms Of Use: They Go Hand In Hand

Non-fungible tokens (NFTs) are still a hot topic. In this post, you will find out about some of the conditions of use that are essential to their commercialization.

Last February, the famous leather products manufacturer Hermès International was successful in obtaining a judgment from the Manhattan Federal Court in which a jury ruled that selling NFTs under the name "MetaBirkin" constituted an infringement of Hermès's rights under their trademark BIRKIN.

While this ruling relates to a specific case, it will undoubtedly deter those who might be tempted to use third-party trademarks in the metaverse or in connection with digital objects. It also provides trademark owners with some reassurance as to the scope of their registrations, confirming that digital versions of tangible goods can be considered as an infringement of those goods and that registrations covering tangible goods can be used to enforce rights against digital goods.