Marks & Clerk comments featured in Axios discussing Hermès International, et al v. Mason Rothschild

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.”