Remedies in the digital world: Burn Baby Burn
The recent Hermès v Rothschild case is one of the most prominent examples of an established luxury brand bringing legal proceedings for the use of a registered trade mark in creating and selling NFTs.
This case has raised many questions, including whether orders for the delivery up and destruction of infringing goods is an adequate remedy for trade mark infringement in a digital goods context. It may also result in brands adjusting their respective litigation strategies in relation to damages.
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Authored by Daniel Breen
