Hermès sues Mason Rothschild over his MetaBirkin NFTs

Designer of MetaBirkin NFTs, Mason Rothschild, is being sued by the world-renowned French fashion house, Hermès. The suit centers around the alleged trademark infringement of Hermes’ luxury Birkin Bags.

The complaint was brought in a 47-page document and was submitted to New York’s Southern District Court. The company notes in their complaint that:

“Defendant is a digital speculator who is seeking to get rich quick by appropriating the brand METABIRKINS for use in creating, marketing, selling, and facilitating the exchange of digital assets known as non-fungible tokens (“NFTs”). Defendant’s METABIRKINS brand simply rips off Hermès’ famous BIRKIN trademark by adding the generic prefix “meta” to the famous trademark BIRKIN. “Meta” and “metaverse” refer to virtual worlds and economies where digital assets such as NFTs can be sold and traded”

This case brings into question the ownership of digital fashion and NFTs. Hermes initially sent Rothschild a cease and desist letter, however as it was met with the persistent backlash the fashion house then issued the lawsuit.

In his defense, Rothschild states that NFTs are protected by the First Amendment’s right to freedom of speech.

“I am not creating or selling fake Birkin bags. I’ve made artworks that depict imaginary, fur-covered Birkin bags. I won’t be intimidated” said Rothschild.

He adds that his NFTs are a “playful abstraction of an existing fashion-culture landmark”.

Hermes has since disagreed with this interpretation as they have outlined their concern with products existing in virtual marketplaces.

“Although a digital image connected to an NFT may reflect some artistic creativity, just as a T-shirt or a greeting card may reflect some artistic creativity, the title of ‘artist’ does not confer a license to use an equivalent to the famous Birkin trademark in a manner calculated to mislead consumers and undermine the ability of that mark to identify Hermès as the unique source of goods sold under the Birkin mark,” Hermès noted.

Source: Crypto Daily