UPDATE 2.8.23
. . . and Hermes wins at trial over the “MetaBirkin” against Mason Rothschild. After nearly three days of deliberations, a jury in New York found for the heritage brand on all three counts – trademark infringement, dilution, and cyber squatting – and found that claims of “artistic expression” did not protect Rothschild. The jury awarded damages of $133,000.
Guess what’s finally supposed to happen Monday January 30, 2023? The much-discussed trial over artist Mason Rothschild’s “Meta Birkin” NFT – and whether it violates the intellectual property rights of Hermès.
In simplistic terms, Rothschild claims it is artistic expression protected by the First Amendment while Hermès posits he’s trying to make a buck off of the heritage Hermès brand and bag and creating confusion in the marketplace. And frankly, who wasn’t initially confused as to whether the furry versions of the bag were actual Birkins particularly with the name “MetaBirkin.” Or at least related to the Hermès handbag.
And, yet, the case is not so clear cut. After all, at issue are digital images not actual objects. The application of intellectual property law to NFTs is in its infancy. Is this akin to Andy Warhol’s Campbell’s soup can images which were ruled artwork? Is it art or a digital knockoff? How, if at all, could it affect Hermès’ future in NFTs, blockchain, or other technology?
One thing is for certain – luxury brands worldwide will be watching . . .
Read more at:
Meta Birkin Creator Can’t Get Out of Hermès Lawsuit
Not Too Pleased with NFT, Hermès Upset with Meta Birkin Creator
Lawsuit Over the Meta Birkin is Proceeding
- Maura Carlin posted 2 years ago
- last edited 2 years ago
