Quick take:
- The trademark application covers NFTs and virtual clothing.
- It also indicates plans for an online marketplace for virtual goods.
- Rothschild’s motion to dismiss Hermes’ lawsuit was denied in May.
French luxury brand, Hermes, has finally filed a trademark to protect its name in the Web3 space, following a high-profile court case with Metabirkin NFT creator, Mason Rothschild, that started last December.
Hermes filed a trademark for its name on Aug 26 with the United States Patent and Trademark Office (USPTO) for an extensive list of goods and services, patent lawyer Mike Kondoudis revealed in a tweet.
Notably, the Web3 goods and services include downloadable software for generating non-fungible tokens (NFTs) used with blockchain technology, downloadable computer software for trading, viewing, storing and/or managing virtual goods, digital collectibles, cryptocurrencies and NFTs, digital wearables, accessories and toys authenticated by NFTs.
The luxury fashion brand also signalled plans for the metaverse by seeking to cover virtual, augmented or mixed reality headsets; wearable computer peripherals adapted for use with computers regarding virtual reality; virtual reality glasses; holograms; shirts fitted with sensors for use with computers regarding virtual reality; virtual reality gloves; and downloadable computer files for interacting with and/or managing virtual goods, places or characters.
Besides NFTs and virtual reality, the trademark application also covers retail store services featuring digital wearables; an online marketplace for buyers and sellers of virtual goods; and financial services including providing electronic transfer of a virtual currency for use in connection with digital collectibles and NFTs.
Interestingly, Hermes also has plans for fashion shows, fairs and exhibitions in virtual, guided tours and games in virtual, augmented or mixed reality.
Other plans for the metaverse include creating an online community for registered users to participate in discussions, form virtual communities, and engage in social networking in the field of NFTs, the metaverse and online virtual worlds; and providing online non-downloadable software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays, skins and digital wearables.
Hermes’ legal dispute with Metabirkin NFT artist Mason Rothschild caught global attention and sparked a wave of brands rushing to register Web3 trademarks. In May, the U.S. District Court denied Rothschild’s motion to dismiss the case, which is still ongoing.
With the long lists of goods and services, Hermes seems to be covering all its bases to prevent another trademark war. The fashion brand previously said that it hasn’t yet entered the NFT space as it “values the ‘tangible expression of handcrafted physical objects’,” but if it does, it will join other luxury fashion houses like Louis Vuitton, Gucci, Givenchy, Dolce & Gabbana and others in Web3.
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