The NFT Case That Could Have Major Trademark and Artistic Consequences

In March 2021, Rothschild argued that his work was a commentary on the “animal cruelty inherent in Hermès’ manufacture of its ultra-expensive leather handbags,” and was protected by the First Amendment. “These images, and the NFTs that authenticate them, are not handbags; they carry nothing but meaning,” his lawyers wrote in the filing.

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