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February 3rd, 2023
Trademark Lawsuits from Hermès and Yuga Labs Could Shape the Future of NFTs
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “Trademark Lawsuits from Hermès and Bored Ape Yacht Club Could Shape the Future of NFTs” published by Observer. The article discusses two trademark trials that are set to define what can be classified as artwork or assets. Hermès is suing digital artist Mathon Rothschild over his collection of 100 digitally depicted Birkin handbags as NFTs. Yuga Labs is suing artist Ryder Ripps, who created his own collection of Bored Ape NFTs. Jeremy says a central question at the heart of these cases is whether NFTs are assets or works of art. He is quoted saying, “Are they more like merchandise or a product, or more like art? Where NFTs fall on that spectrum is an open question and will depend on the NFT, but also could help define what NFTs are.”
Jeremy notes, “If defined as artwork, NFTs would be granted much more leeway when it comes to trademark infringement.” He said that it’s more likely that Ripp’s defense in the Yuga Labs case will focus on the argument that his collection didn’t cause consumer confusion and was different enough from the Bored Ape NFTs to not compete with them. In conclusion Jeremy says, a decision for Rothschild or Ripps could see digital artists feeling more emboldened to use appropriation in their work and push the envelope, with companies being more conservative in moving to protect their rights.
Read the full article here.
Other Quoted
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
Mubi’s $24M Bet Just Made Agents Bullish Again. Here’s Why
Hayden Goldblatt is quoted in The Ankler article on Mubi’s purchase of Lynne Ramsay's film, “Die, My Love,” and what it meant for the Cannes market. He’s interviewed on “the real lessons from Cannes.” View article. (Behind paywall)
May 27 2025
A Federal Judge Ordered OpenAI to Stop Deleting Data
Daniel M. Goldberg is quoted in an Adweek article, which reported that a federal judge has ordered OpenAI to stop deleting output data from ChatGPT. This was part of The New York Times lawsuit, alleging OpenAI engaged in copyright infringement “by using ‘millions’ of articles published by the newspaper to train its AI model, which now directly competes with the Times’ content as a result.” The judge’s order seeks to preserve evidence in the Times’ case. Mr. Goldberg addressed mulitple implications of the order, which requires OpenAI to hold more data than they normally would. "That could make OpenAI more susceptible to security breaches, or shake the trust of consumers who expected their chatbot records to be deleted. There are also potential implications regarding energy use, storage and environmental impact that the judge may not have considered when making the order, Goldberg said." He also noted the order would trigger people's concerns about what it means for working with large tecnology providers.
May 21 2025
