We were delighted to have been invited to contribute to this great piece in Axios that gives readers the lowdown on the hottest case (or should that be bag?) on every fashionistas lips: Hermès International, et al v. Mason Rothschild.
Click below for the full article including our comments from John Ferdinand.
The big picture: “Rothschild is obviously arguing that they are entitled to sell artistic works," John Ferdinand, partner at IP firm Marks & Clerk tells Axios.
"The crucial issue is not just the act of creating the works themselves, but how the Birkin/MetaBirkin trademarks were used to promote the works and how consumers would interpret such use."
Zoom in: "The key question is whether consumers actually believe there to be some commercial connection between Hermès and the NFTs sold by Rothschild," Ferdinand says.
“There’s a distinction between the act of creating artistic works, per se, and then using third-party brands to sell them to others.”