Recent Developments In The NFT, Metaverse And Web 3 Space

As technology continues to advance, the digital landscape is constantly evolving, presenting new opportunities and challenges for Intellectual Property (IP) law. There have been notable developments involving the interplay between Intellectual Property, Non-Fungible Tokens ("NFTs"), and the Metaverse, since the publication of our previous article on the topic.

Firstly, the Hermès v Rothschild case, which was touched on in our previous article, involved a trade mark infringement matter between Hermès, the luxury fashion brand, and artist Mason Rothschild over Rothschild's use of an NFT called "MetaBirkin," which depicted an image of a handbag resembling Hermès' iconic Birkin bag. The court recently ruled in favour of Hermès, finding that the use infringed Hermès' BIRKIN trade mark. The court held that Rothschild's use of the MetaBirkin NFT was likely to cause confusion among consumers and dilute the value of Hermès' BIRKIN trade mark. Rothschild's First Amendment