Hermès wins lawsuit against “MetaBirkin” NFT artist

The artist Rothschild, 28 yo, started selling MetaBirkin NFTs on his website in 2021. Two years later, Hermès won a trademark lawsuit against him.

Rothschild earned roughly $125,000 in total

The fashion house sued Mason Rothschild over his "MetaBirkins" project, which consisted of 100 images of the coveted Birkin bag covered in colorful fur and patterns. In 2021, Rothschild began selling the NFTs for $450 each and earned roughly $125,000 in total. A lawyer for Hermès argued the only reason the NFTs were purchased was because of the Birkin name, which implied a nonexistent connection to the brand.

NFTs explained in 5 minutes

Lawyers for Rothschild argued the NFTs were art and should be protected by the First Amendment, similarly to Andy Warhol’s paintings of Campbell’s soup cans. A Manhattan federal jury concluded that the non-fungible tokens were neither art nor protected speech and could likely confuse consumers. Hermès was awarded $133,000 in damages for trademark infringement, dilution, and cybersquatting. The MetaBirkins trial is one of the first to examine the relationship between intellectual property law and NFTs.

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