International luxury brand Hermès International has filed a lawsuit in New York federal court alleging that a digital artist infringed its trademark by selling the “MetaBirkins” NFT.
According to Hermès, the digital artist, Mason Rothschild, used the MetaBirkins name to issue digital NFTs for Hermès’ high-end Birkin handbags, which caused confusion among consumers.
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But Mason Rothschild, whose use of the mark is protected by the First Amendment, and MetaBirkins NFT, which targets Birkin fur rather than leather handbags, aims to critique animal cruelty, consumerism, and artistic merit.
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