The Second Circuit's Metabirkin Dilemma: Constitutionally Protected Artistic Expression or Trademark Misappropriation?

"Comments from the Second Circuit panel of judges during oral argument appear to suggest the court's desire to reach a decision that carefully balances protecting artistic expression against trading on the goodwill associated with another's marks to market one's own goods."

"Based on comments from the panel of judges during the October 23, 2024, oral argument, it appears that there are more questions than answers."

"The jury awarded Hermès approximately $133,000 in damages... Rothschild appealed the jury's verdict and certain legal rulings made by the District Court to the Second Circuit Court of Appeals."

"Rothschild argues that the District Court Judge Rakoff erred in applying the law... claiming that MetaBirkins should be protected under First Amendment rights due to the artistic nature of the work."

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