French fashion house Hermes sues MetaBirkin owner over trademark infringement of Birkin bags

The designer of MetaBirkin NFTs Mason Rothschild is being sued by French fashion house Hermès over alleged trademark infringement of their luxury Birkin bags.

The complaint by the French luxury house was set forth in a 47- page document that was submitted to New York’s Southern District Court on Friday. Hermès noted the following in their complaint:

“Defendant is a digital speculator who is seeking to get rich quick by appropriating the brand METABIRKINS for use in creating, marketing, selling, and facilitating the exchange of digital assets known as non-fungible tokens (“NFTs”). Defendant’s METABIRKINS brand simply rips off Hermès’ famous BIRKIN trademark by adding the generic prefix “meta” to the famous trademark BIRKIN. “Meta” and “metaverse” refer to virtual worlds and economies where digital assets such as NFTs can be sold and traded”

The lawsuit puts into question the ownership of digital fashion and NFTs when it comes to virtual worlds. Hermès intitall delivered Rothschild with a cease and desist letter, however following Rotschild’s adamant statements of refusal, the fashion house has initiated a lawsuit against the artist.

Rothschild has stated that his NFTs are protected by the First Amendment’s right to freedom of speech, and noted in his defence:

“I am not creating or selling fake Birkin bags. I’ve made artworks that depict imaginary, fur-covered Birkin bags. I won’t be intimidated”

He added that his MetaBirkins are a “playful abstraction of an existing fashion-culture landmark”. However, Hermès disagrees with Rothschild’s interpretation of his creative free speech and outlined their concern with products existing in virtual marketplaces that could undermine their venture into the metaverse.

“Although a digital image connected to an NFT may reflect some artistic creativity, just as a T-shirt or a greeting card may reflect some artistic creativity, the title of ‘artist’ does not confer a license to use an equivalent to the famous Birkin trademark in a manner calculated to mislead consumers and undermine the ability of that mark to identify Hermès as the unique source of goods sold under the Birkin mark,” Hermès noted.

A number of public figures purchased the MetaBirkins, including Adult entertainment star Lana Rhoades. The cease and desist letter which was followed by a lawsuit in January, has been hotly contested by the creator of the digital handbags, and Rotschild seems to have no intention of backing down.

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