Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff

Leading the charge in thorny IP issues have been cases addressing whether NFT makers who utilize other parties' trademarks can turn to the First Amendment as a defense to trademark infringement. This article analyzes the summary judgment decision that set the stage for trial in Hermes International, and provides some takeaways concerning the legal landscape for NFTs moving forward.

9 minute readMarch 01, 2023 at 12:46 AM
By
Todd Larson
Yonatan Shefa
Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff

Perhaps no other area in the technology sector — save perhaps the recent explosion of generative AI models — has raised as many thorny intellectual property issues as the proliferation

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