Bored Ape NFT Trademark Ruling Sparks Clash in MetaBirkins Case

The digital artist behind the MetaBirkin nonfungible tokens and the luxury brand Hermès International SA clashed last weekend over how to interpret a recent ruling from another trademark dispute involving Bored Ape Yacht Club NFTs.

Their latest disagreement comes about three months after the first-ever trademark infringement trial over NFTs, which resulted in a New York federal jury finding Mason Rothschild liable for infringing Hermès’ marks.

In a May 12 letter to Southern District of New York Judge Jed S. Rakoff, an attorney for Rothschild argued that a California federal court incorrectly held last month that another artist was …