Careers

Diversity

With 18 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

Offices

About Us

Pages

Professionals

Thought leadership: blogs, podcasts, videos, publications, events and news

Insights

Services

Pro Bono

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

John Carney Chairs and Speaks, Jimmy Fokas Speaks at PLI Basics of Accounting for Lawyers 2025

Webinar Series: Transforming Legacy Management Experience

Rebecca Schrote Presents on APEX Depositions at Columbus Bar Association CLE Session

To Help the New Administration Help Your Industry, You Need an Agency Strategy (Real Estate Finance Journal)

NEW YORK – Feb. 20, 2023 – A team of BakerHostetler lawyers secured a trial win for client Hermès International in a trademark infringement case against designer Mason Rothschild over the production and sale of MetaBirkins’ non-fungible tokens.  The case – heard in the U.S. District Court for the Southern District of New York before Judge Jed Rakoff – hinged on the claims that the NFTs infringed Hermès’ marks protecting its Birkin handbags both in name and appearance.  <a href="https://www.wsj.com/articles/hermes-wins-case-against-artist-who-sold-nfts-of-birkin-bags-11675884201?mod=hp_lista_pos5">The Wall Street Journal</a> described the trial as “… was one of the first to reckon with how NFTs intersect with intellectual-property law and free-speech protections for art.” It called the verdict “…a boost for companies seeking to protect their trademarks in the digital realm.” Due this win, on Feb. 10 BakerHostetler was named <a href="https://link.law.com/view/5e60071d05e94e6f8d244f3di5xn2.1tl/ffbc3894?utm_source=email&utm_medium=enl&utm_content=20230210&utm_campaign=litigationdaily&utm_term=tal" target="_blank" rel="noopener">first runner-up Litigator of the Week</a> by Law.com Litigation Daily.  The BakerHostetler team representing Hermès at trial included Oren Warshavsky, Gerald Ferguson, Deborah Wilcox, Heather McDonald, Lisa Gehman, Jason Oliver, Jessica Fernandez, Francesca Rogo and Megan Corrigan.  The jury deliberated for three days before providing a ruling in favor of Hermès. On Feb. 8, they delivered a verdict of liability for trademark infringement, trademark dilution and for unlawfully cybersquatting on the MetaBirkins.com domain name. The jury also found that the First Amendment did not insulate the defendant from liability for his conduct.  As a result, Rothschild must pay $110,000 of profit and resale commissions it received from selling the NFTs and also pay $23,000 in damages for cybersquatting.

core/freeform

New York

Partner

Gerald J. Ferguson

Of Counsel

Heather J. McDonald

Jason S. Oliver

Oren J. Warshavsky

Philadelphia

Associate

Lisa Bollinger Gehman

Megan A. Corrigan

Francesca Rogo

Jessica H. Fernandez

Litigation

Trademark and Copyright

Web3 and Digital Assets

BakerHostetler Secures Victory for Paris Fashion House Hermès International in Trademark Case involving NFTs

Related Services

Featured Insights