Felicia J. Boyd Image

Felicia J. Boyd

Partner

Norton Rose Fulbright US LLP

Felicia Boyd is a Partner with Norton Rose Fulbright US LLP and a Chambers ranked litigator with extensive experience as a leader in complex IP disputes involving patents, copyrights, trademarks and trade dress—both in and out of court—spanning a diverse array of industries, including financial and investment services, medical devices (such as pacemakers, heart valves, defibrillators and synchronization devices), software, music, pharmaceuticals and manufactured goods. With more than three decades of practice, she has obtained several victories as a litigator, including preliminary injunction motions, summary judgment motions, favorable settlements and jury verdicts at trial.

 

Recent Articles by Felicia J. Boyd

Examining the ‘MetaBirkins’ Case: Exclusion of Rothschild’s Art Expert May Have Affected Jury Verdict

Luxury design house Hermès International and Hermès of Paris, Inc. (Hermès) is known for designing, producing and marketing the iconic Birkin handbag. Since 1986, Hermès has sold over $1 billion worth of these handbags in the United States, with over $100 million dollars of sales in the past 10 years alone. With its distinctive appearance and high price tag, the Birkin bag is considered a symbol of wealth and exclusivity…. After hearing the evidence and arguments of both parties over the course of three days, the nine-person jury returned a verdict for Hermès on all its claims, awarding Hermès US$133,000 in total damages…. Moments before jury selection, the court granted Hermès’ motion to exclude the testimony of Rothschild’s “art expert,” Dr. Blake Gopnik. Rothschild had proffered Dr. Blake Gopnik as an expert to explain to the jury that Rothschild’s promotion and sale of the MetaBirkins NFTs was protected by the First Amendment as “business art” similar to that of Andy Warhol and his well-known soup can art.

Hermès’ Challenge of ‘MetaBirkin’ NFTs Foretells Future Trademark Litigation Trends

There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech. The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse. In a case that has bagged global attention, luxury design house Hermès is suing artist Mason Rothschild in New York for trademark infringement and dilution, misappropriation of its BIRKIN trademark, cybersquatting, false designation of origin and description, and injury to business reputation.