The luxury fashion brand Hermes International has successfully won its non-fungible token trademark lawsuit against the digital artist Mason Rothschild. Hermes filed a lawsuit earlier this year, seeking rights to the “Birkin” trademark.
Hermes Wins NFT Lawsuit Against MetaBirkins
According to a Bloomberg report published on Feb 8, a nine-person jury in Manhattan has ruled in favor of Hermes International SA, awarding the French luxury fashion brand $133,000 in total damages.
Hermes and Rothschild entered into a legal dispute last year after Mason Rothschild launched his non-fungible tokens dubbed “MetaBirkin,” a term related to the brand “Birkin” name Hermes uses as a signature to its handbag collection.
Earlier this year, Hermes International filed a lawsuit against the digital artist, accusing him of trademark infringement. In a past interview, Rothschild refuted the allegations, describing them as “baseless.” He noted:
“I am not creating or selling fake Birkin bags. I’ve made artworks that depict imaginary, fur-covered Birkin bags. The fact that I sell the art using NFTs doesn’t change the fact that it’s art.”
Legal Expert Weighs In Hermes NFT Lawsuit
Hermes’ trademark lawsuit has drawn the attention of many legal practitioners, as it was the first-ever case to examine how non-fungible tokens should be viewed through the scope of intellectual property law.
In a short interview, Alfred Steiner, an intellectual property attorney, and digital artist, said that Hermes’ court determination would be a perfect example to all NFT artists who intend to use unregistered trademarks for their projects.
In turn, Emily Poler, a New York lawyer focusing on technology and intellectual property, has described the recent case as fact-specific. However, she noted that “there is still room for artwork to be protected by the First Amendment.”
In the meantime, Rothschild has tarnished the court determination, vowing to file a legal appeal, hoping to overturn the ruling. “What happened today was wrong and will continue to happen if we don’t continue to fight. This is far from over,” he remarked.
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