One of the highlights between 2021 and 2022, would be the rise and fall of NFTs, otherwise known as non-fungible token in the digital space. NFTs are essentially assets that are tokenized and recorded within a blockchain with each NFTs having a unique identifier. In relation to trademarks, the question is what happens if a person were to tokenized certain brands and sell them, would any legal repercussions occur? And more recently the answer is Yes.
A recent US court in the case of Hermes Int’l v. Rothschild, 22-CV-384 (JSR) where the jury found NFT artist Mason Rothschild was infringing on the trademark rights of Hermes by selling a furry depiction of Hermesโ iconic Birkin purse line. The court awarded Hermes a total of $133,000 in damages for trademark infringement by Rothschild.
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