For example, Nike is already working on so-called Cryptokicks, giving you a virtual unique shoe in addition to your shoe. It can also be interesting for companies in the case of unique products and counterfeit, or the automatic flow of royalties.īecause the source is traceable and the code is unique, you can link products in the “normal” world to your NFT in the “virtual” world. McDonalds, for example, sold images of the McRib as a marketing ploy and created a new stream of revenue. The second reason why it can be interesting are the exploitation possibilities for companies. I myself suspect that the reputation of the name BIRKIN will give Hermès sufficient protection to be able to act outside its registered classes, but the question is what this would be like if it concerns a non-renowned trademark?Ĭhampagne producer Armand de Brignac is trying to anticipate this and has already registered a well-known bottle for, among other things, software and fungible and non-fungible token-based goods and downloadable virtual goods.Įxample 2: MacDonalds generates a new stream of income through its own NFT No bags are traded under the name of BIRKIN, it’s only a piece of code. Important: the main aspect is whether the current trademark rights, namely those for bags, etc., will be sufficient for an infringement. A consumer purchasing this NFT may believe the sale of these NFTs is authorised by Hermès and may therefore be worth extra. This should be apparent, for instance, from the fact that the success of these NFTs is due to the fame of the BIRKIN bags. Hermès argues that the use of the name BIRKIN is an infringement of its trademark rights. Hermès wasn’t happy with this and sued the artist.
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