Hermes (ie: Ponyo's Hermes scarves $$$) wins US trademark trial over 'MetaBirkin' NFTs

[JEDI]

Hermes wins US trademark trial over 'MetaBirkin' NFTs

A Manhattan federal jury on Wednesday concluded that an artist's non-fungible token versions of Hermes' famous Birkin bags violated the French fashion house's trademark rights.

edition.cnn.com

A Manhattan federal jury on Wednesday concluded that an artist's non-fungible token versions of Hermes' famous Birkin bags violated the French fashion house's trademark rights.

In one of the first intellectual-property trials over the popular digital tokens known as NFTs, the jury found artist Mason Rothschild's unauthorized "MetaBirkins" were likely to confuse consumers.

The jury awarded Hermes $133,000 in damages for trademark infringement, dilution, and cybersquatting, the US District Court for the Southern District of New York confirmed.

The luxury house has its own plans for NFTs that Rothschild hindered, it said in a court filing.


Sidenote:


What happened to Ponyo?
After being on this board since 2002, he quit???

 

[sdifox]

Yes. Didn't like being ridiculed on his Musk adoration anymore.

 

[nakedfrog]

He had initially left a year or two back, then returned. I don't know for sure if his second departure was directly tied to people talking shit to him regularly or not, but it's not hard to imagine.

 

[KB]

"It said Rothschild began offering the NFTs at the Art Basel art fair in Miami in December 2021, and over $1 million worth of them had been traded by early the next month. " People have too much money and not enough brain cells. Why do you need a picture of a fuzzy purse?

 

[sdifox]

"It said Rothschild began offering the NFTs at the Art Basel art fair in Miami in December 2021, and over $1 million worth of them had been traded by early the next month. " People have too much money and not enough brain cells. Why do you need a picture of a fuzzy purse?

Was still cheaper than a real Hermes scarf

 

[brianmanahan]

Was still cheaper than a real Hermes scarf

if only ponyo was here to write a 3 paragraph essay about the value of hermes scarves

(i gotta admit, he had posted a cool video about the process of making them)

 

[VirtualLarry]

The jury awarded Hermes $133,000 in damages for trademark infringement, dilution, and cybersquatting, the US District Court for the Southern District of New York confirmed.

That's enough to what, buy one real Hermes scarf?

Edit: Ninja'ed.

 

[darkswordsman17]

The real question is does he have strippers floss with his Hermes scarves and if his wife asks why they always smell like Prince's dick.

 

[snoopy7548]

The real question is does he have strippers floss with his Hermes scarves and if his wife asks why they always smell like Prince's dick.

I think they would then be a Herpes scarf...

 

[JEDI]

if only ponyo was here to write a 3 paragraph essay about the value of hermes scarves.
(i gotta admit, he had posted a cool video about the process of making them)

I passed by a Hermes in a high end mall:


Wanted to take a peek at the $125k scarves Ponyo keeps mentioning, even if it's behind glass.
But there's a doorman you got to get past before entering so I didn't try.

Sidenote:
Many high end stores have a doorman in front to screen people entering.
(This is the first time I've been in a major mall in over a decade)

 

[Lost_in_the_HTTP]

"were likely to confuse consumers."



Wait .... what?



There are people who might confuse a digital picture of something with a real physical something?

 

[Ken g6]

Well I am, in fact, confused. How come selling digital art of Hermes bags is illegal, but analog art of Campbell's Soup cans isn't?

 

[Torn Mind]

Well I am, in fact, confused. How come selling digital art of Hermes bags is illegal, but analog art of Campbell's Soup cans isn't?

I believe the crux of the matter is whether someone would confuse the art for the real thing in some way.
A soup can on canvas will be unlikely to interfere with Campbell's business nor be misunderstood for a can. Nor is the any potential misunderstanding that the art is endorsing Campbell's.

 

[Fenixgoon]

I believe the crux of the matter is whether someone would confuse the art for the real thing in some way.
A soup can on canvas will be unlikely to interfere with Campbell's business nor be misunderstood for a can. Nor is the any potential misunderstanding that the art is endorsing Campbell's.

This. Compare it to how many times people have purchased an Xbox or PlayStation box on eBay because scammers were clearly crafting their listings and taking advantage of the large demand

 

[JEDI]

I believe the crux of the matter is whether someone would confuse the art for the real thing in some way.
A soup can on canvas will be unlikely to interfere with Campbell's business nor be misunderstood for a can. Nor is the any potential misunderstanding that the art is endorsing Campbell's

How can MetaBirkin's nfts be misunderstood for a real scarf? Or any real object for that matter???

 

[brianmanahan]

How can MetaBirkin's nfts be misunderstood for a real scarf? Or any real object for that matter???

i thought i would be able to carry my metabirkin in the web 3.0 metaverse!

at least until someone stole it

 

[[DHT]Osiris]

How can MetaBirkin's nfts be misunderstood for a real scarf? Or any real object for that matter???

People are fucking stupid. Like warning labels on batteries stupid. 'Don't eat magnets' stupid.