Cooke Quoted on Hermès Trademark Suit Against METABIRKIN NFT

Bloomberg Law
Partner Michelle Cooke, co-leader of the firm’s Media & Entertainment Industry Team, was quoted on the first-of-its-kind trademark suit from luxury design house Hermès against digital artist Mason Rothschild and his NFT, METABIRKINS.

Although Hermès does not currently sell NFTs, “the fashion industry has been one of the standard bearers in digital assets,” Michelle said.

As other fashion houses begin selling their own NFTs, consumers could think that an NFT with the Birkin label is being sold by Hermès.

Michelle added that consumer confusion reflects “what’s happening in the overall industry, not just what a particular brand owner is or is not doing.”

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