NFTs on screen. A non-fungible token (NFT) is a unique digital asset that represents ownership of real-world items like art, video clips, music, and more. Credit:Rokas Tenys/Shutterstock.com Hermès Case Gives Guidance on How Trademark Law Applies to NFTs
Although the merits of Hermès' trademark claims were not addressed in the court's order, the ruling offers some insight as to how courts will treat trademark claims involving nonfungible tokens (NFTs).
June 14, 2022 at 10:40 AM
4 minute read
Judge Jed Rakoff of the U.S. District Court for the Southern District of New York on May 18, issued an order denying self-proclaimed artist Mason Rothschild's motion to dismiss the French luxury brand Hermès International's trademark infringement case, but set the stage for the litigation by finding the Rogers test applicable in determining infringement. Although the merits of Hermès' trademark claims were not addressed in the court's order, the ruling offers some insight as to how courts will treat trademark claims involving nonfungible tokens (NFTs).
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