The Second Circuit’s Metabirkin Dilemma: Constitutionally Protected Artistic Expression or Trademark Misappropriation?
IP Watchdog
NOVEMBER 18, 2024
On October 23, 2024, the U.S. Court of Appeals for Second Circuit heard oral argument in Hermès Int’l et al. v. Rothschild, an appeal brought by Rothschild that challenges the jury’s February 2023 verdict and certain related legal rulings made by the U.S. District Court for the Southern District of New York. This case will undoubtedly impact the ability of third parties to use a brand’s trademark in artistic endeavors or the ability of brands to restrict the use of their trademarks by third part
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