Creator of MetaBirkins NFTs loses trademark infringement lawsuit from Hermès

February 8, 2023

Creator of MetaBirkins NFTs loses trademark infringement lawsuit from Hermès

A digitally rendered handbag resembling a Birkin bag, which has been covered in faux fir with a yellow smiley face print

A year ago, the Hermès luxury brand slapped Mason Rothschild, creator of "MetaBirkins" NFTs, with a trademark lawsuit. The suit centers on his NFT collection: a series of 100 digitally rendered, faux-furry handbags resembling the luxury Birkin bag design. The NFTs had enjoyed $1.2 million in trading in their two months of existence before the lawsuit was filed, and Rothschild estimated he made around $125,000 from the project.

Rothschild tried to argue that his work echoes Andy Warhol's Campbell's soup cans and other "brand art".

Hermès, on the other hand, argued that Rothschild was simply a "digital speculator" hawking a "get rich quick" scheme, and trying to profit off consumers' confusion that the NFTs were an official Hermès production. They claimed they have their own plans for NFTs, and that Rothschild impeded those with his project.

Ultimately, the jury found that Rothschild had infringed upon the Hermès trademark, and awarded the company $133,000 in damages.

"[Hermès] feel they have the right to choose what art IS and who IS an artist... Not because of what they create but because their CV doesn't scream artist with a pedigree from a world class art school," accused Rothschild after the decision, though he was not actually the designer of the images used in the NFT project.