13/10/2025
New article: Beyond the Bag: MetaBirkins, Hermès, and the Legal Frontier of NFTs in Trademark Law by Thayssa Bohadana Martins
👤 Thayssa Bohadana Martins is a Ph.D. Candidate in Law, Science and Technology (LAST-JD) at Alma Mater Studiorum – Università di Bologna (Italy) and Universitat Autònoma de Barcelona (Spain). She holds an LL.M. in Law and Technology from Tel Aviv University (Israel) and a Bachelor of Laws from the Universidade do Estado do Rio de Janeiro (Brazil). She is a licensed attorney in Brazil. Her research focuses on the intersection of intellectual property law and emerging technologies, with particular emphasis on non-fungible tokens (NFTs), copyright, and trademark enforcement. She is a member of the Legal Blockchain Lab at Bologna and has published and presented at international conferences on blockchain, digital regulation, and intellectual property.
⚖️ This article delves into the complexities of the MetaBirkins case, which ignited a legal debate over the intersection of artistic freedom, consumer protection, and brand exclusivity. It analyses both Hermès’ claims of infringement, dilution and cybersquatting in the United States and Rotschild’s defenses grounded in the First Amendment protecting artistic expressions. Martins also makes a comparison with how similar claims might be dealt with under E.U. trademark law.
❓ What are the limitations of traditional trademark frameworks in addressing digital assets? How might U.S. and E.U. laws adapt to protect intellectual property rights without stifling creative expression?
📣 Discover more about the topic by reading the full article clicking the link in bio.