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But trademark law is not the only legal framework at issue in the Hermès lawsuit. Trademark rights give companies an important tool to protect their investments in building goodwill among consumers regarding their products and services. trademarks both on the word “BIRKIN” and on the trade dress associated with a Birkin bag. trademark law also protects trade dress, which as the US Patent and Trademark Office (in turn quoting prior court rulings) explains, “is usually defined as the ‘total image and overall appearance’ of a product, or the totality of the elements, and ‘may include features such as size, shape, color or color combinations, texture, graphics.’” In relation to handbags, Hermès has registered U.S.

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For example, an entrepreneur is free to found a startup company with the goal of manufacturing and selling athletic shoes, but not to name the new company “Nike,” or something confusingly similar such as “Nikee.” ” used by a person “to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods.” Trademark law plays a key role in preventing consumers from being confused about who actually makes a product. law, a trademark is “any word, name, symbol, or device. In March 2021, “Everydays: The First 5000 days,” a digital work by the artist Beeple, sold at a Christie’s auction for over $69 million.

This creates a marketplace for trading NFTs, some of which can be extraordinarily expensive. The digital asset-such as a digital work of art or a short video clip of a sports play-might be freely available online, but because NFTs are by definition nonfungible, the ownership of the asset can lie with only one person at a time. NFTs are digital identifiers that use blockchain technology to authenticate and track ownership of an associated digital asset. In considering those issues, it’s helpful to first take a step back and provide a brief primer on NFTs and on trademarks. The lawsuit, which presents allegations including trademark infringement and dilution, raises a set of fascinating issues at the intersection of intellectual property law and digital technology.

Undergraduate Student - Northwestern University