Hermès would have filed its trademark for metaverse and NFT applications.

According to a lawyer specializing in the analysis of licensed trademarks, the luxury house would have made a trademark application covering several fields of Web3. What should be remembered?

Hermès in the age of virtual worlds.

Could Hermès soon enter the NFT marketplaces, metaverse spheres and the like? In any case, this is what the lawyer Michael Kondoudis tends to suppose who, in a tweet published a few days ago, shared a trademark application which would have been made by the Parisian label on August 26 with the United States Patent and Trademark Office.

Among the digital projects mentioned, the document cites in particular NFTs, crypto-currencies, online games or even clothing, accessories, exhibitions and fashion shows available in virtual worlds.

©Michael Kondoudis

Hermès, between digital opportunities and trademark protection.

Last April, Hermès had conceded to consider entering the metaverse while Axel Dumas, manager of the house, had indicated that he saw in these channels “communication tools” without making this subject a priority.

If this deposit suggests an acceleration of reflections around these potential new sources of monetizationit can also be considered as a safeguard to limit the risks of appropriation and counterfeiting.

At the beginning of the year, Hermès had indeed filed a complaint against the digital artist Mason Rothschild, author of “MetaBirkins”, a series of 100 NFT interpretations of the Birkin bag offered for sale on the specialized OpenSea platform. According to the figures put forward by the clawthe “Total sales volume of MetaBirkins NFTs is reported to have exceeded $1.1 million, with unit prices between $15,200 and $45,100.”

“Metaverses involve the emergence of many virtual creations and works that need to be protected
and framed” Explain Merav Griguer, lawyer at Bird&Bird and specialized in International Privacy & Data Protection, in the special file “Luxury, NFT and Metaverse: value at the heart of Web3”. The platforms will have to adjust their general conditions by detailing, among other things, the ownership of the rights to the works, she warns. Likewise, theare Trademark holders will have to remain vigilant and adapt the registrations and wording of their mark(s) to metaverses, in particular by extending the protection of the mark(s) to new classes of products and services. In addition, they will have to put in place monitoring actions in order to fight against counterfeiting: any use of a brand or its products in the metaverses requires the prior authorization of its owner. In all cases, it will be necessary to regulate in the contracts the intellectual property rights, the modes of exploitation, the transfer of rights, the scope of the licenses…”

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Hermès would have filed its trademark for metaverse and NFT applications.

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