An artist is selling NFTs of Hermès Birkin bags which (unsurprisingly) provoked a response from the company in the form of a cease-and-desist letter. The artist, Mason Rothchild, has fired back, claiming he has a First Amendment right to create art representative of the world around him and suggesting that NFTs represent an evolution that Hermès should be part of. Do the legal precedents favor Hermès or Rothchild?

Note: Since we recorded this episode OpenSea has removed Rothchild's art from its NFT marketplace.
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The post FIR #222: NFTs, the First Amendment, and Trademarks appeared first on FIR Podcast Network.