NFT’s Artistic Expression vs. Protected Real Trademarks, Patent Statistics, and Design Statistics
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Patent Statistics
In the 6th issue of the Patent Journal, 2023, a total of 842 patent applications have been published. A total of 1,042 First Examination Reports (FER’s) were issued this week, with Chennai continuing to take the lead, as the highest contributor by issuing 373 Reports…Read more
Industrial Design statistics
The Designs Office registered a total of 537 designs this week. The number of designs registered this week is higher in comparison with the previous week by ??28 registrations. Read more
Copyright, Media, and Entertainment Law update.
Can NFTs in virtual space infringe ‘Real’ Trademarks?
In an ongoing case of Hermes International v. Mason Rothschild, the District Court of the Southern District of New York raised a question regarding whether NFTs can be classified as artistic expression and are capable of encroaching upon protected trademarks. The case revolves around 100 NFTs released by digital artist Mason Rothschild, named ‘MetaBerkin’ in 2021. These NFTs depict furry, cartoonish versions of Hermes Birkin bags. However, Hermes Birkin bags are meant to depict society’s association of high-value luxury goods and status symbols with artistic value. Hermes filed a case for misappropriation of the Birkin, establishing a false association by the NFTs. The case, currently in trial, may establish judicial precedence, by interpreting the decades-old trademark laws in the light of the new-age technologies, and contour the extent of artistic expression in the Rogers Test. Read more