Essential federal court cases continue in determining how we navigate fashion, tech, and media. Here are a few pending copyright and trademark cases that involve companies you may be familiar with: Hermès International v. Mason Rothschild - Hermès sued designer Mason Rothschild over his line of rendered Birkin NFTs named "MetaBirkins", which Hermès claimed infringed on the trademark of their iconic Birkin bag. Rothschild, in a Motion to Dismiss For Failure to State a Claim, stated that the NFTs are protected by the First Amendment and artistic expression. This claim was denied using the Rogers v. Grimaldi ruling test for balancing the public interest in avoiding consumer confusion tied with First Amendment interests for expression. As this lawsuit is one of the first NFT-related trademark suits, the outcome may provide essential guidance to brand owners in protecting their assets in the evolving meta-world. Nike v. StockX - In February, Nike alleged that StockX, the resale marketplace, sold NFTs infringing on Nike's protected sneaker designs without their permission. The NFT collection released by StockX, named The Vault, contained multiple unauthorized images of Nike's shoes, which Nike alleged StockX used to profit off the popularity of Nike products. After bringing in the initial lawsuit, Nike has added another claim that StockX's inadequate authentication process has caused many consumers to purchase counterfeit Nike products. StockX claims that their NFTs do not infringe because the purchase of one is similar to a "claim ticket" to a physical pair of authenticated sneakers in the StockX facilities. This is significant because it lays out NFTs beyond digital art by tying it to actual products shown in the NFT, determining how courts will navigate allowable use cases for NFTs moving forward. . . . #fashion #fashionlaw #hermes #nike #stockx #chanel #therealreal #vans #mschf #trademark #copyright #trademarkinfringement #law #lawyer #IP #IPlaw #highfashion #fashionlaw #birkin #birkinbag #tarantino #pulpfiction https://www.instagram.com/p/ChJEWGgrgDC/?igshid=NGJjMDIxMWI=