French luxury brand Hermes has emerged victorious in a trademark infringement lawsuit against an artist who created a non-fungible token (NFT) collection featuring digital depictions of the company’s famous Birkin bags. A New York jury ruled in favor of Hermes, finding the artist liable for trademark infringement and cybersquatting.
Hermes Secures Victory in Metabirkins NFT Lawsuit In 2021, artist Mason Rothschild created the “Metabirkins” NFT collection, which consisted of 100 unique digital depictions of the iconic Hermes Birkin bag. The collection quickly gained popularity, fetching more than 200 ETH in sales, equivalent to over $300,000. However, Hermes took issue with the collection and sued Rothschild for trademark infringement, claiming that customers were likely to confuse the NFTs with genuine Hermes products.
Rothschild argued in court that NFTs should be covered under the U.S. Constitution’s First Amendment, comparing his work to that of pop artist Andy Warhol. However, the jury disagreed, finding that the First Amendment did not protect Rothschild from liability. The jury awarded Hermes $133,000 in damages, including $110,000 for trademark infringement and $23,000 for cybersquatting.
Hermes’ legal team accused Rothschild of “stealing the goodwill in Hermes’ famous intellectual property to create and sell his own line of products.” They pointed out that the Metabirkins URL was too similar to the one used by the luxury brand.
In a statement, Oren Warshavsky, a lawyer representing Hermes, said: “The reason for these sales was the Birkin name. The jury’s decision confirms that even in the digital world, trademark law and intellectual property rights still apply and will be vigorously protected.”
This case serves as a reminder that NFTs are not exempt from trademark infringement laws and that companies will take legal action to protect their intellectual property. As the NFT market continues to grow, it will be interesting to see how these issues play out in the future.
