×
2 305
Fashion Jobs
ESTÉE LAUDER
Clinique - Consultant - Boots-Liverpool Street, London - 37.5 Hours / Week - Full Time, Permanent
Permanent · London
ESTÉE LAUDER
Clinique - Consultant - Boots-Handforth Dean, Wilmslow - 15 Hours / Week - Part Time, Permanent
Permanent · Wilmslow
ESTÉE LAUDER
Clinique - Consultant - Bentalls, Kingston- 21.5 Hours / 3 Days / Week - Part Time, Permanent
Permanent · Kingston upon Thames
ESTÉE LAUDER
la Mer - Business Manager - Flannels, Meadowhall - 37.5 Hours / 5 Days - Full Time, Permanent
Permanent · Sheffield
ESTÉE LAUDER
Clinique - Consultant - Boots - Cribbs Causeway, Bristol - 17.5 Hours / 3 Days - Part Time, Permanent
Permanent · Bristol
ESTÉE LAUDER
la Mer - Business Manager - Harvey Nichols, London - 37.5 Hours / Week - Full Time, Permanent
Permanent · London
ESTÉE LAUDER
Clinique - Consultant - Boots, Warrington - 17 Hours - Part Time, Permanent
Permanent · Warrington
ESTÉE LAUDER
The Estée Lauder Companies - IT Service Desk Manager UK
Permanent · Fareham
ESTÉE LAUDER
Clinique - Consultant - Boots, Bishops Stortford - 7.5 Hours - Part Time, Permanent
Permanent · Bishop's Stortford
JOHN LEWIS
Contract Sales Manager
Permanent · DARWEN
PUMA
Cobra Puma Golf - Sales Support Coordinator
Permanent · Castleford
JOHN LEWIS
Loss Prevention Partner
Permanent · LEICESTER
HEAD OFFICE
Team Manager/Chef Victoria Head Office
Permanent · LONDON
VF INTERNATIONAL
Account Coordinator - Italian Speaking - Vans
Permanent · NOTTINGHAM
VF INTERNATIONAL
dc Training Specialist
Permanent · COALVILLE
VF INTERNATIONAL
dc Team Leader
Permanent · COALVILLE
DR. MARTENS
Finance Analyst
Permanent · LONDON
MULBERRY
Lifetime Service Centre, Raw Materials Stock Coordinator
Permanent · CHILCOMPTON
AUTUMNPAPER LIMITED
Alexander Mcqueen Vip Officer
Permanent · LONDON
AUTUMNPAPER LIMITED
Alexander Mcqueen Decision Intelligence Manager
Permanent · LONDON
ON RUNNING
Technical Representative
Permanent · LONDON
DEBENHAMS
Business Development Manager
Permanent · LONDON
Ads
By
AFP-Relaxnews
Published
Feb 7, 2022
Reading time
3 minutes
Share
Download
Download the article
Print
Click here to print
Text size
aA+ aA-

Can Hermes and Nike stop 'unauthorised' NFTs?

By
AFP-Relaxnews
Published
Feb 7, 2022

As digital objects in the form of NFTs have exploded in popularity and value over the past year, so too have the legal headaches and complications.



Nike became the latest company to file a lawsuit over the issue on Thursday -- suing shopping platform StockX for creating and marketing NFTs with its logo and branding.

It follows a lawsuit last month by French luxury brand Hermes against artist Mason Rothschild, who has auctioned 100 "MetaBirkins" -- a digital "homage" to the label's famous Birkin bag -- some fetching tens of thousands of dollars.

Can these cases succeed?



The Hermes case could go either way, said lawyer Annabelle Gauberti, whose firm Crefovi specialises in creative industries.

Rothschild has argued that he is protected by the First Amendment as an artist, which often has validity in US courts.

In Europe, too: Gauberti recalled the example of a case from a decade ago in which Louis Vuitton lost in its attempts to prevent a Dutch artist placing one of its bags in a picture of a Darfur refugee.

"The 'fair use' defence works well, particularly in UK and US law, in which an artist can use a trademarked word or product to make a point or as a parody," Gauberti said.

But she said Rothschild may struggle to convince a judge that his work had artistic merit.

"It's hard to see on the face of it what message he is trying to convey other than that he wants to make a lot of money, so it's going to be a lot of work for his legal team," she said.

The Nike case is a more directly commercial affair, since StockX has never claimed its NFTs are a form of art.

But it remains to be seen how trademark law holds up in the digital realm.

"The extent of these protections in the digital world as well as what remedies can be granted are yet to be explored," wrote lawyer Danielle Garno in a briefing note for Lexology.

Should NFTs be treated differently to physical art?



In his response to Hermes, published on Twitter, Rothschild compared his MetaBirkins to Andy Warhol's famous Campbell soup paintings.

"The fact that I sell the art using NFTs doesn't change the fact that it's art," he wrote in a response published on Twitter.

However, Edward Lee of Chicago-Kent College of Law told Bloomberg Law that the Warhol comparison was not perfect since the Campbell Soup Co. was never likely to get into the business of selling paintings, whereas Hermes could well choose to create its own NFTs.

The technology can also confuse matters, since an NFT is actually just a receipt of ownership, rather than the thing itself.

"Many people assume that, when you talk about an NFT, the content of the NFT is inside the token, which it is not, and because it is not, there is no unauthorised reproduction," Primavera De Filippi, co-author of "Blockchain and the Law", told Business of Fashion magazine.

What can companies do to protect themselves?

 

Hermes has demanded that Rothschild remove and destroy his MetaBirkins, and at least one NFT platform, OpenSea, has already agreed to remove them from sale.

But Gauberti said enforcing the law online is very tricky.

"Even if lawsuits are successful, how do you go after the guy who has already bought the item or stop them being sold on secondary auctions? It's the wild west in terms of enforcement online," she said.

The best option, she said, is for brands to get ahead of the copycats and dominate the space with "official" NFTs.

Nike has done exactly that, acquiring RTFKT, a company that specialises in designing digital sneakers, in December.

"A strong offence is the best defence," said Gauberti.

"At the moment, a lot of these brands are on the fence (about creating their own NFTs) because their core products are physical, and they're still watching the space to see if the metaverse will really take off."

Copyright © 2022 AFP-Relaxnews. All rights reserved.