Guccighost’s street art breaks the mold of fashion IP. Now he’s turning it into an NFT

by AryanArtnews
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This provides an interesting example of how fashion brands and artistic interpretations can coexist when brands are struggling to consider intellectual property in both digital assets and NFTs.

Some brands may find it beneficial for Web3 creators to introduce their brands to a new audience of influencers; in other words, it can make them look cool. “Guccighost gives [Gucci] Serious cred, it’s able to relate to the whole streetwear vibe. It helps give an edge to a typically elite brand,” said Jeff Trexler, associate director of Fordham University’s School of Fashion Law. “Gucci could have gone the other way; they could have said, ‘What you’re doing is using our trademarked to sell street art’, but they soon found that this could work for them. They may also want to avoid the risk of a court finding that the artist’s use was indeed fair use, which could encourage others to do the same, he added.

Another option, Maccarone said, is a smart contract that includes royalties from artists and brands. Similar to physical goods, consumers who want an authentic product are less likely to want a real replica, she added, while brands that feel their IP is being used unfairly can use gamification projects to “use it to their advantage” ”, such as enabling people to buy a token that allows them to trade that item to enter a sweepstakes for real merchandise.

Not all artists were warmly welcomed. Mason Rothschild, creator of the digital Metabirkins NFT series, is now facing a legal conflict with Birkin creator Hermès, alleging the artist violated federal trademark law by diluting the quality of the Hermès brand. Rothschild’s position is that the work is protected by the First Amendment, the electronic package is not actually a package, and its purpose is not to mislead consumers. (Hermes did not respond to a request for comment.)

Some brands may find it risky to “allow” copycats out of fear that it will send the wrong message, Trexler said, asking brands to use their judgment. “Some people might think that if you do a deal like this and send a message that you’re graffiti artist friendly; it won’t be long before everyone likes [the invasive plant] kudzu and is using your trademark. They will become the trademark red algae. Guccighost is partnering with the right company at the right time, he said. Hermès, on the contrary, may be the wrong company to provoke.

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