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The Guardian - US
The Guardian - US
Lifestyle
Erin McCormick

Are brands protected in the metaverse? Hermès and NFT artist spar in US court

Hermès claims the artist is simply ‘a digital speculator who is seeking to get rich quick by appropriating’ its brand.
Hermès claims the artist is simply ‘a digital speculator who is seeking to get rich quick by appropriating’ its brand. Photograph: Christian Vierig/Getty Images

Pictures of 100 Birkin bags covered in shaggy, multi-colored fur have become the focus of a court dispute that will decide how digital artists can depict commercial activities in their art and cast new light on whether brands are protected in the metaverse.

In the case, being heard this week in a New York federal courtroom, the luxury handbag maker Hermès is challenging an artist who sells the futuristic digital works known as NFTs or non-fungible tokens.

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