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ARTICLE · 20 MARCH 2023

NFTs vs. Trade Marks: A Battle In The Metaverse

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In recent years, non-fungible tokens ("NFTs") have grown rapidly as a new form of digital asset. Whilst they have been widely popularised in the art world, NFTs have also been...

United StatesIntellectual Property
Liézal Mostert
Liézal Mostert
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In recent years, non-fungible tokens ("NFTs") have grown rapidly as a new form of digital asset. Whilst they have been widely popularised in the art world, NFTs have also been used to represent real-world assets. . This new form of trade has raised interesting legal questions and we have previously written about the case of MetaBirkins, involving the luxury brand Hermès and artist Mason Rothschild

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Image source: The Business of Fashion

Going back

We'll start with a quick recap. Hermès is a seller of, high-end handbags that cost a great deal of money (anywhere between USD12 000 and USD200 000) and are sold under the trade mark Birkin. Mason Rothschild, on the other hand, is an artist and designer, often described by his lawyer as a "conceptual artist".

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