BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Thursday, April 27, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide IP counsel on the lessons learned from the recent MetaBirkins decision and what it means for IP. The panel will examine the first decision to examine how non-fungible tokens (NFTs) should be viewed through the lens of IP law. The panel will discuss what the decision means for IP protection, licensing, and enforcement strategies. The panel will also offer best practices for minimizing the risks and avoiding mistakes when using branded products in art.

Faculty

Megan K. Bannigan
Partner
Debevoise & Plimpton

Ms. Bannigan specializes in trademark, copyright, false advertising, rights of publicity, licensing and other contractual disputes and related matters. She represents clients across a range of industries, including fashion and luxury goods, entertainment, professional sports, pharmaceuticals, consumer products and financial services. Ms. Bannigan has extensive trial experience as well as experience representing clients before the USPTO, the TTAB and the International Trade Commission. She is a frequent speaker on IP issues and is an adjunct professor at Rutgers School of Law. 

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Christopher S. Ford
Counsel
Debevoise & Plimpton

Mr. Ford has litigated trademark, trade dress, and false advertising cases in federal court and before the Trademark Trial and Appeals Board and regularly advises clients on issues relating to their trademark and brand management. He is a member of the International Trademark Association’s Non-Traditional Marks committee and has been the chair of its U.S. Litigation task force since 2020. He has guest lectured on trademark and trade dress issues at New York University School of Law and Rutgers School of Law. In 2022, Managing IP recognized him as a U.S. “rising star” for trademark work.





Mr. Ford also has an active practice advising clients on cybersecurity incident preparation and response, including in connection with criminal and civil litigation, as well as federal and state regulatory investigations. His recent matters include advising clients managing responses to corporate data breaches, business email compromises, ransomware incidents and other data security issues, including risk management for cybersecurity and business continuity planning.

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Description

In February 2023, a New York jury determined that Mason Rothschild had infringed the marks of Hermes with his MetaBirkins NFTs. Hermes sued Rothschild, who sold 100 of these NFTs. Rothschild argued his works were transformative art and he had a constitutional right to make and sell them. The jury found Rothschild liable for trademark infringement and that he must pay $110,000 in disgorgement along with damages for cybersquatting.

This decision provides brand owners with confidence in using the traditional methods of enforcement. Artists should recognize the risks associated with using branded products as part of their commercial artwork. Further, art using NFTs will not be protected any more than if it had been using traditional methods.

The Supreme Court will hear a case between Jack Daniel's and a company that sells dog toys that resemble Jack Daniel's bottles. Jack Daniel's Properties Inc. v. VIP Products L.L.C. Jack Daniel's asserts that these goods violated trademark law. This decision could impact any appeals that are made in the MetaBirkin case. For now, brand owners and artists have some guidance as to how the courts will address IP issues as related to NFTs.

Listen as our authoritative panel of IP attorneys examines the first decision to examine how NFTs should be viewed through the lens of IP law. The panel will discuss what the decision means for IP protection, licensing, and enforcement strategies. The panel will also offer best practices for minimizing the risks and avoiding mistakes when using branded products in art.

Outline

  1. Hermes v. Rothschild decision
  2. NFTs and IP law
  3. Implications of the decision
    1. IP protection
    2. Licensing
    3. Enforcement
  4. Best practices

Benefits

The panel will review these and other key issues:

  • What are the risks associated with NFTs for brand owners and artists?
  • What steps should IP owners and their counsel take if their IP has been infringed in an NFT?
  • What lessons can be learned from the MetaBirkins case and other NFT-related lawsuits?