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

Rothschild cited numerous instances in which Rothschild had commercially advertised and sold MetaBirkins NFTs. This includes the MetaBirkins website, NFT markets like OpenSea and Rarible. Zora and Discord were all examples of Rothschild using aspects of the BIRKIN trademark.

Third The legal document also acknowledges that Rothschild has nearly 7,000 followers on Twitter, while his Instagram account has more than 19,000 followers (more than 16,000 at the time). Additionally, MetaBirkins Discord has over 16,000 members. All of these users believe there is a connection between BIRKIN’s project and Rothschild’s.

Lastly. The MetaBirkins website states explicitly that the MetaBirkins “represent Hermès’ most iconic handbag, the Birkin”, and that the MetaBirkins were created to honor that handbag. This demonstrates Rothschild’s apparent understanding of the situation, eventually (mis)leading consumers to believe that there is/was an official relationship.

What is Rothschild Arguing about?

Rothschild made it clear via the @MetaBirkins Instagram that he was going to fight. He used what he believed to be his First Amendment rights, making and selling art depicting Birkin bags. He refused to apologize and invited Hermès to join this movement.