The Roundup: MetaBirkins v. Hermès, UniversalxArea15, Apes & Sewers.

Steph McDermott
4 min readJan 16, 2023

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Another week in the ever-changing web3 frontier. Here are my unsolicited opinions of what is hot (bullish) or not (bearish). LFG.✨

“Hermès v. MetaBirkins” Moves to Trial🧑‍⚖️

“Not your mother’s Birkin” ad, Photo: Mason Rothschild

Photo: Mason Rothschild

Copyright and trademark laws in web3: I am very very bullish

Mason and MetaBirkins: Bearish AF. Here’s why:

Whats going on? One year since initial movements, Hermès trademark lawsuit against artist Mason Rothschild continues into trial. Rothschild claims that there is no trademark infringement here, but only artistic liberties with a title and name.

So what does this mean for web3? Well… a lot. Prior to this case, we have had blips on the radar in regard tangible law, but this is a massive step towards the world of web3 having rules. Some may believe this is the antithesis of the space. “Let artists be artists.” “Let artists pave their own way without a centralized force.” Trademark and copyright laws are important and implementing these laws into the space will not restrict creatives. It will restrict the inappropriate use of those creative assets from others looking for a quick buck.

IRL Example: AI music should not be able to use an artists music or voice without their agreement. Keep AI ethical, protect the original artists.

IRL Example: Though Rothschild has added the disclaimer, “We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with the HERMES, or any of its subsidiaries or its affiliates. The official HERMES website can be found at https://www.hermes.com/.” to the MetaBirkins site, he used their name and their bag shape without their permission. What gives him the legal right to make 230 ETH without the brand or designers agreement?

Final Thoughts: This might not be so, “stick it to the man” of me, but using law to protect artists includes using law to protect brands.

Universal x Area15 🚀

Photo: Universal Parks and Resorts

Two powerhouses making an immersive space: I am as bullish as it gets.

Area15, one of the coolest immersive locations in the US, has announced a massive new partnership. Area15’s NV space, possibly best known for housing Meow Wolf’s Omega Mart, is filled to the brim with innovative tech and a must-stop if you are in the area.

What could make it better? A massive partnership to bring more heat.

Universal is obviously no stranger to immersive events. Between their parks and spaces, you can expect to be mind blown… and I can’t wait to watch them continue to set the events bar HIGH. According to the official press release, we can set our horror expectations sky high, “Straight from Universal Parks & Resorts, the creators of Halloween Horror Nights — the world’s most popular global Halloween event — comes a brand-new permanent entertainment experience in Las Vegas. This original concept will bring to life Universal’s vast library of classic horror films and today’s most terrifying tales.”

Final Thoughts: Horror fans, who on the west coast is going to go and give me a review?

Ape Sewers? 💩 🤔

Photo: BAYC on Twitter, @BoredApeYC

Jimmy the Monkey taking a sh*t: Wildly bearish. WTF is this. (Unsolicited opinion from a non-holder) I would be so annoyed if I held and aped in.

On January 11th, 2023 a free mint of “sewer passes” were announced for existing BAYC and MAYC holders for a January 18th, 2023 launch of Dookey Dash.

Yep. Dookey Dash.

Part of me loves this, it’s the bathroom humor everyone needs in life, but for MAYC and BAYC, isn’t this… embarrassing? Don’t get me wrong, I love a little gaming, community opportunities to be involved, and fun! But I personally cannot imagine paying thousands of dollars to buy into this elite community, for them to pour my money into poopy mini game development.

Otherside? Impressive. Dookey? Lost me.

I would love to hear from an Ape or Mutant holder, give me your thoughts!

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Steph McDermott

Writes about innovation, XR, and web3. All personal opinions✨👩‍💻Product @ ToshibaGCS // Previously: Product @ Boomy, Programs & Strat @ Sweet, Growth @ Enklu