Weekly IP Buzz for the Week Ending May 6, 2022
In this week's post, we see that, although Rothschild maintains the use of MetaBirkins is a form of artistic expression and first amendment protected right, Hermès claims trademark infringement.
Also, trademark brand owners seek registrations for use of marks in the virtual field, likely to best combat third-party misuse of their marks in virtual spaces.
U.S. Virtual Reality Clashes with Real World: Hermès Sues Against Use of MetaBirkins
Digital artist, Mason Rothschild, continues to create controversy with his unrelenting use of MetaBirkins NFTs despite the claims of Hermès for trademark infringement and dilution of its BIRKIN® trademark for handbags.
The increasingly popular use of NFT virtual goods akin to real world products has led to a wave of intellectual property litigation including claims of trademark infringement. While artists such as Rothschild claim the use of “MetaBirkins” as a name to sell NFTs containing Birkin® look-alike bags is merely an artistic expression, owners of name brands are fighting back against such use claiming trademark infringement and dilution of their brands.
Hermès is a leading fashion icon known for its famous BIRKIN® luxury brand bags. It is only natural that it would police against any third-party use of similar names for the sale of similar product and may be able to stop any such openly public use.
Read more here.
If You Think McDonald’s Fries Are Out of This World, Wait for McDonald’s in the Metaverse
With the rapid growth of assets in virtual space, many well-known brands are seeking to offer goods and services within the virtual reality field. Following numerous other brands, McDonald’s has also thrown the hat in the ring to join in Metaverse offerings to consumers.
Although most people go to McDonald’s for a fast meal, to give kids some quick food and fun, or for the fries . . . consumers may soon be able to enjoy McDonald’s in the Metaverse with an array of virtual goods and services.
Find the full article here.
Click to read the previous Weekly IP Buzz on Thriving Attorney: Attorney-client privilege.
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In addition to publishing Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer. For more on the latest developments in IP law, see the blogs Ideate and IP Questions Answered.