NFT speculators trademark ‘rip-off’

​This will happen more and more as NFT speculators seek to profit from others’ trademarks in the metaverse. It is yet another form of online brand ‘theft’
 
Get rich quick digital speculator caught ‘ripping off’ the Hermès’ famous Birkin trademark by illegitimately selling digital assets (NFTs) as ‘MetaBirkin’. The NFTs included images depicting furry renderings of the famous Birkin bag.

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​The use of protected content in NFTs is generally no different than other online infringement.
 
Interestingly the perpetrator attempted to immunize himself from the legal consequences by claiming that “he is solely an artist,” and thereby, protected from liability by the First Amendment!
 
Hermes asserted that the content it is likely to cause confusion in the minds of the public, and, creates a false impression that the goods sold are authorized by Hermès when, in fact, they are not.
 
This will not be the last time we see this type of thing in the courts

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