Hermès NFT Trademark Case Will Set a New Standard in Digital Art and Fashion

This is the beginning of what could become a lengthy, drawn-out fight over Mason Rothschild’s ‘MetaBirkins’ NFT collection. Hermès, the sole authorized distributor for BIRKIN has brought legal trouble. It offers potential clarification about the impact NFTs have on trademark rights and the First Amendment.

Mason Rothschild, an artist based in Los Angeles, was sued by Hermès, a French luxury fashion brand. He created the ‘MetaBirkins” series of NFTs. This has been spreading like wildfire on social media. This lawsuit, while it is still in its infancy, will set a new legal precedent with respect to NFT art/fashion when balanced against First Amendment and intellectual propriety discussions.

It is important to note that Rothschild did not create any tangible BIRKIN-type bags. Instead, he created digital art inspired by Hermès. He chose to call his NFT collection the “MetaBirkins” which features a range of fashionable, colorful tote bags.

Rothschild’s announcement of “MetaBirkins”, a project for Art Basel Miami in December 2021 caught the attention of the fashion industry and, now, Hermès. Hermès is the exclusive authorized distributor and trademark owner for the BIRKIN brand.

The complaint obtained by BeInCrypto states that Hermès has done nothing but rip off the Birkin brand and add a generic “meta”, creating confusion and diluting the use of Hermès’ well-known and widely accepted trademarks.