Jonathan Goins Speaks with New York Law Journal on Verdict in Hermès NFT Trademark Case

Atlanta, Ga. (February 10, 2023) - Atlanta Partner Jonathan Goins recently spoke with the New York Law Journal (NYLJ) (part of Law.com) for an article titled, “'Be Careful What We Wish For': Jury Rules for Hermès in Historic MetaBirkin NFT Trademark Trial,” which discusses the verdict in one of the first intellectual property trials involving non-fungible tokens (NFTs).

As the article describes, a Manhattan jury recently returned a verdict in favor of Hermès after determining that the artist who created “MetaBirkin” NFTs infringed Hermès’ trademark for its Birkin handbag. In commenting on the verdict, Mr. Goins told NYLJ that following this case, trademark owners who “already have a hard time as it is managing enforcement efforts over the web or at storefronts” now must monitor virtual platforms for potential infringement.

“The verdict maintains the status quo in that trademark ownership rights extend beyond traditional products and services—that even the uncharted virtual territory of NFTs, Web3 and the metaverse cannot go unchecked," Mr. Goins explained. He continued, providing the article's title quote, "But we must be careful what we wish for. This verdict now reinforces that trademark owners will need to be more vigilant in policing potential infringement in the NFT space.”

Mr. Goins also noted that the verdict was disappointing for creators and artists in the NFT arena, and shows that creators would need to be “more selective about the quantity of others’ trademarked brands that they create for artistic purposes.”

Mr. Goins is a vice-chair of Lewis Brisbois' Intellectual Property & Technology and Entertainment, Media & Sports Practices. He serves as lead counsel in IP litigation across the country, including in “bet the company” cases with multimillion-dollar exposures. With two decades of experience, he is consistently ranked in leading publications for his deep and expansive knowledge in IP and entertainment law.

Read the full NYLJ article here (subscription may be required).

RELATED: Historic Hermès Jury Verdict Paves Way for Digital Trademark Rights, The IP Address blog post, by Sarkis Yeretsian & Jonathan D. Goins