MetaBirkins: No more 'First Amendment smokescreen’ ?


Muireann Bolger

MetaBirkins: No more 'First Amendment smokescreen’ ?

Source: Tom Phillips

MetaBirkins saw a convenient cloak used by infringers undone, revealing new value in metaverse products for fashion brands, finds Muireann Bolger.

As yesterday’s landmark win for luxury house Hermès against MetaBirkin creator Mason Rothschild is hailed as a victory for brands in general, trademark lawyers have been relishing the demise of the so-called ‘First Amendment smokescreen’.

The memorable term, alluded to by Julia Anne Matheson, partner at Potomac Law, refers to a practice held in low regard by many IP owners.

It’s an excuse that has, for too long, been used by some companies seeking to use the freedom of expression enshrined in the amendment as a cover for potentially infringing activities, say lawyers.

NFTs, MetaBirkins, Hermes, fashion, trademarks, infringement, brands, metaverse