Hermès has won the infamous MetaBirkin case. A US federal court ruled that artist Mason Rothschild’s sale of NFTs constituted infringement of the Hermès trademark — even in the digital world of a largely unregulated Metaverse.
A nine-member jury awarded the French bag specialists US$133,000 in damages, which included profit from the sale of NFTs and US$23,000 (€21,320) for cybersquatting on the MetaBirkins.com domain.
At the time of writing, the site was still operational and the collection of 100 unique NFT MetaBirkins appeared to be still for sale.
Rothschild launched the 100 MetaBirkin NFT project after a Baby Birkin NFT was sold for 5.5 Ether – cryptocurrency (one Ether is currently worth around 1500 euros). In response to community demand, Rothschild developed a new range inspired by the acceleration of fur-free fashion initiatives and the move towards alternative textiles. The bags are covered with a colourful, almost cartoonish plush.
Last December, Hermès sent a cease and desist letter to Rothschild, who at the time claimed the artwork was protected under the US First Amendment. He also urged Hermès to use its power as a well-known fashion company to help young artists. At this point, NFT marketplace Open Sea, which was selling Rothschild’s MetaBirkins, removed the artist’s work.
Lawyers for Hermès have argued that the artist is a digital speculator trying to get rich quick by appropriating the MetaBirkins brand and making his fortune by selling Hermès’ “real” rights in exchange for “virtual rights ” exchanges.
Rothschild continues
“Things haven’t turned out the way I wanted, but the fight is far from over. I’m proud that I got into things early on, including web3, and sometimes that comes with growing pains like these,” the artist wrote in an Instagram post on Thursday. “It is still early. Most people don’t understand what this is about, but that doesn’t mean they never will. It’s my duty and the duty of other creators in this space to show them. We keep it moving. Dejected. Not dead.”
This translated and edited post previously appeared on FashionUnited.uk.