Hermès Wins U.S Trademark Lawsuit Against Metabirkin NFTs Artist

• Mason Rothschild sold his MetaBirkins for up to $45,100 each.
• The U.S. court concluded that Rothschild breached Hermès’ trademark rights.

A luxury brand company Hermès International won its legal battle against the digital artist behind “MetaBirkin” nonfungible tokens (NFT). Hermès convinced Manhattan federal jury that Mason Rothschild’s sale of the NFTs violated its rights to the “Birkin” trademark. 

The artist Mason Rothschild sold his MetaBirkins for up to $45,100 each. But the luxury brand company accused a creator had breaching Hermès’ trademark rights when he sold fake Birkins as NFTs. As the case brought by Hermès against MetaBirkins, a jury in the Southern District of New York reached a verdict on February 8. 

Court Decision on Rothschild NFT Sale

According to a jury verdict, the Hermès brand’s trademark rights had been breached by artist Mason Rothschild. As Rothschild’s 100 “Metabirkins” NFTs are not considered artistic works, and such are not protected by the First Amendment of the US Constitution. Also, the nine-person federal jury gave Hermès a total damage award of US$133,000.

For the first time, this ruling addressed the relationship between digital art, NFTs, and the real fashion it simulates. However, the artist Mason Rothschild expressed his dissatisfaction with the court’s ruling on Twitter by stating; 

Take nine people off the street right now and ask them to tell you what art is but the kicker is whatever they say will now become the undisputed truth. That’s what happened today. A multibillion dollar luxury fashion house who says they “care” about art and artists but feel they have the right to choose what art IS and who IS an artist.

Further, as a result of Rothschild’s defeat, the NFT industry, which had seen significant growth and identified itself as a part of the creative economy may suffer.