French Luxury House Hermes Wins NFT Trademark Lawsuit

After a year-long legal battle against MetaBirkins, the French luxury brand Hermes prevails. The Hermes lawsuit was about Rothschild’s MetaBirkins NFT line. The jury found that Rothschild profited from Hermes’ goodwill through the establishment of NFTs based upon Birkin bags. Hermes was awarded $133,000 in damages by the court later.
The jury also found that NFTs were not covered by the First Amendment to United States Constitution. This case sets a precedent for NFT creators. It also establishes the framework for IP law in relation to digital creations. Rothschild may have to be more careful when creating NFTs with the IP of other brands in future trademark lawsuits.


Leichtman Law managing partner David Leichtman said that the case wasn’t necessarily about Mason Rothschild using the Birkin brand without authorization. The question was not about Mason Rothschild’s unauthorized use of the protected Birkin brand, but rather whether he intended for customers to believe that the MetaBirkin NFTs were linked to Hermes’ signature piece.
Also read: Explained: What are PFP NFTs and How Do They Work?
Hermes sued MetaBirkins creator for his NFT collection
After the Los Angeles-based designer had unveiled the MetaBirkins NFT line, Hermes sued Rothschild. It was modeled on the Birkin handbag. According to the filing, Rothschild was accused of “stealing Hermes’ famed intellectual property to create his own line and sell it,” which could have caused confusion among its customers.
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Ask nine people to come up on the street and tell you what art looks like. But the best part is that they will all agree with you. This is what happened today.
A luxury fashion house worth multibillions of dollars that claims to care about art and artists, but.
— Mason Rothschild (@MasonRothschild) February 8, 2023


Rothschild said that his project was an artistic commentary on fashion industry. He claimed that the First Amendment protected him from being creative. The trial in the Hermes v. Metabirkins lawsuit began on Jan. 30, after a year of litigation over claims of trademark infringement. This case was unique in that it involved trademarks and non-fungible tokens. It will also have an impact on future NFT-related trademarks.
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