Today we have an interesting case concerning art and the law. The case name is Hermes Int'l v. Rothschild. You can see the full details of the lawsuit below just click the links
Case details:
Article covering the case:
Hermès vs. MetaBirkin Artist: NFT Trademark Trial Kicks Off:
I did my research on it and I find that the judge made the right decision. You can't take people's intellectual property and put it up as an NFT, he didn't have their permission. The guy Mason also compared what he did to warhol Campbell soup art. It's almost like it, but not really, NFTs and the whole digital scene is a totally new frontier for most and can be very intimidating. It's sorta just like social media when it first came out and brands were trying to figure out how to use it. No brand in their right mind would allow another entity to take their unique spot in an uncharted world / territory, whether social media or digital.
Things like this are so simple to figure out, it takes years or decades to establish a brand, its very difficult. You have to have a product or a service that the people respect and trust in, and demonstrate over time that you can deliver. It's really hard to do, and this is why most businesses fail, it's just too hard plane and simple.
This young man mason, in his twenties, can't really appreciate where Hermes international is coming from, their brand was extremely difficult to build. Everytime I go into Kohl's, Walmart, etc etc all I see is brands competing for consumer attention, there is just way too much companies and not enough attention to go around. Here's a quick YouTube short on how 90% of businesses fail
So really this whole lawsuit was a classic case of adolescent delusion, he tried to bully Hermes international into giving him the right to set up their brand bag image as an NFT. Most companies still don't understand the digital world, when his project blows up with fame, not if, but when it does, Hermes int will be in an inferior position.
Basically some foreign entity [ Mason Rothschild ] will have the exclusive rights to their image in a new world people and companies are still trying to figure out. Business is war, and war is business, I hope next time he'll really review the situation before he invests his time and energy into a project similar to this. He can just take it as a lesson well learned.
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