Hermes v. Rothschild trial now in jury’s hands. Jury asks question, When did Hermes apply for trademark (R) for NFTs? Unfortunately, the answer isn’t in evidence.

The high-profile NFT trademark lawsuit brought by Hermes against the artist Mason Rothschild is now in the hands of the jury in the Southern District of New York after a week trial.
According to Inner City Press, the jury submitted a question to Judge Rakoff, asking “when Hermes applied for a digital trademark.“
But, unfortunately, it appears the date of Hermes’ application to register the trademark for use with NFTs is not in evidence. According to Inner City Press, “Judge Rakoff drafted a note that it is not in evidence and therefore cannot be furnished, to be delivered to the juror on the morning of February 7.“
From our quick search, it appears to be August 26, 2022.
Hermes International sued Rotschild on Jan. 14, 2022. (For our coverage, click here.)
It’s fascinating that the jury asked the timing question–and it’s equally fascinating that there’s no evidence to tell them the date of Hermes’ application to register a trademark for its own NFT use. (Who knows which way, if any, that cuts.)
The question appears to signal the interest of at least some jurors in wanting to know how soon Hermes planned on entering the new market for digital uses involving NFTs. According to the news coverage of the trial, Hermes’ lawyer argued that “Hermes was working on its own Birkin NFTs.”