FIR #222: NFTs, the First Amendment, and Trademarks

An artist is selling NFTs of Hermès Birkin bags which (unsurprisingly) provoked a response from the company in the form of a cease-and-desist letter. The artist, Mason Rothchild, has fired back, claiming he has a First Amendment right to create art representative of the world around him and suggesting that NFTs represent an evolution that Hermès should be part of. Do the legal precedents favor Hermès or Rothchild?

Note: Since we recorded this episode OpenSea has removed Rothchild's art from its NFT marketplace.
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An artist is selling NFTs of Hermès Birkin bags which (unsurprisingly) provoked a response from the company in the form of a cease-and-desist letter. The artist, Mason Rothchild, has fired back, claiming he has a First Amendment right to create art representative of the world around him and suggesting that NFTs represent an evolution that Hermès should be part of. Do the legal precedents favor Hermès or Rothchild?

Note: Since we recorded this episode OpenSea has removed Rothchild’s art from its NFT marketplace.

The next monthly, long-form episode of FIR will drop on Monday, February 14, 2022.

We are hosting a Communicators Zoom Chat each Thursday at 1 p.m. ET. For credentials needed to participate, contact Shel or Neville directly or request the credentials in our Facebook group or send an email to [email protected].

Special thanks to Jay Moonah for the opening and closing music.

You can find the stories from which Shel’s FIR content is selected at Shel’s Link Blog. Neville’s link blog, Outbox, is available, as well.

Links from this episode

Unsurprisingly, Hermès Is Not Happy with the Metabirkin
The Metaverse, NFTs Are Forcing Brands to Face Off Against Alleged Infringements
Disney launches its NFT line of collectibles

The post FIR #222: NFTs, the First Amendment, and Trademarks appeared first on FIR Podcast Network.