The trademark infringement case between French luxury brand Herm è s and digital artist Mason Rothschild will be tried in federal court in Manhattan on January 30.

The luxury brand accused the irreplaceable dynamic password (NFT) artist of infringing a registered trademark while promoting and selling MetaBirkins, a series of NFT that was said to be inspired by the group's Birkin package.

The trial and related charges in the United States District Court for the Southern District of New York City date back to January 14, 2022, when Herm è s first filed a lawsuit against Mason Rothschild, mainly because the artist reportedly refused to stop selling his NFT collection on the market.

According to court documents filed on Jan. 23, Herm è s made up lies that the series improperly used Birkin's registered trademark and could deceive consumers into believing that these luxury brands are suitable for such programs.

In addition, court documents show that Rothschild felt that the work was protected by the first Amendment, which does not restrict the right to freedom of expression.

In the coming days of the trial, many intellectual property lawyers and experts and scholars issued comments emphasizing the possible impact of the case on the NFT field.

Ida Ramansky, an assistant at law firm Michael Best&Friedrich LLP, discussed the case and its possible impact on the future of the NFT industry in a Jan. 18 post, calling it "an important turning point for Web3 and digital products."

"the question remains: to what extent can real-world registered trademarks apply for enforcement in the digital world? We will pay close attention to this case to determine how to apply power in the digital field as much as possible, "she said.

Ramansky added: "this is about to provide some clues on how handicrafts and the first Amendment interact with commodities and NFT, as well as how one brand's dominance in registered trademarks and products extends to many aspects of the digital space."

Blockchain and high-tech guru Michael Northstein has also been concerned about the case, but he doesn't seem to think the conclusion will have a big impact.

"in the end, it's just a data point for a regional court case, but it's definitely an interesting data point," he said.

Brands and companies are now cracking down on new NFT projects that claim copyright infringement, patent rights and trademark infringement.

Nike China sued the online agent for trademark infringement on Feb. 4, 2022, alleging that the company created NFT after imitating Nike sneakers.

In September 2022, film director Quentin Tarantino was forced to reach an agreement on Miramax's lawsuit after the basic girder blockchain technology service provider Secret Internet announced a bid for Quentin Tarantino's 1994 film "vulgar Fiction" as NFT.