The Manhattan Federal Jury ruled in Hermès v. “concept artist” Mason Rothschild and ruled that NFT tokens created spots are not real art. On this basis, the artist’s arguments about the right to self-expression were rejected, and instead he was ruled out infringing the right to intellectual property. This decision could set a major precedent for the entire NFT industry.
Rothschild was indicted by Hermès back in 2022, when he took the recognizable image of the brand’s famous Birkin bag, made many different images of filter sequences in a graphics editor from it, and called the result a collection of NFT images “MetaBirkins”. Bosshead Rothschild establishes similarityline Brand representatives did not appreciate the comment, and after the VES rider
In their judgment, the jury relied on the results of the “Rogers test” – special systems for evaluating artistic values when typing alien trademarks in various works. It was decided that Rothschild’s creation was extremely far from real art, and also used that he was driven by a craving for life, and did not strive to create beautifully. The latter are not in demand in evidence, as the courts in the United States are overwhelmed with lawsuits against “NFT creators” who distribute their work at prohibitively high prices even for real paintings. sept.
Source: Tech Cult
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