In the recent article, “Why Hermès’ MetaBirkins Lawsuit Has High Stakes for Brands and Creators”, featured in The Business of Fashion, Partner Preetha Chakrabarti expands upon her insights from the her previous blog posts on non-fungible tokens (“NFTs”) and the metaverse. Previously, Chakrabarti reported on how the designer, Hermès, sued an individual named Mason Rothschild in the Southern District of New York for his creation and sale of “Metabirkins,” which are NFTs that resembled fur-covered versions of Hermès’ iconic Birkin bag.
In this most recent article, she touches on the lingering legal questions regarding metaverse copyright regulations and how brands can protect their intellectual property in digital worlds. She states, “It definitely does signal that activity in the metaverse may very well be regulated similar to activity in the real world, in our physical universe.” This analysis is especially timely after the Supreme Court agreed to hear whether NFTs can qualify as artistic expression, scheduled in October.
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