French Luxury House Hermès Wins NFT Trademark Lawsuit

Coingapestaff
February 9, 2023
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NFT Collection

After a year-long legal battle, French luxury brand Hermès wins the case against MetaBirkins’ creator. Rothschild’s MetaBirkins NFT collection was the subject of the Hermès lawsuit. The jury determined that Rothschild did profit from Hermès’ goodwill by establishing NFTs based on the fashion house’s Birkin bags. Later, the court awarded Hermès $133,000 in damages.

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The case sets a great example for NFT creators

The jury also determined that the NFTs were not protected by the First Amendment to the United States Constitution. The case establishes a crucial precedent for NFT creators and creates the framework for intellectual property (IP) law as it relates to digital creations. Future trademark lawsuits may require creators like Rothschild to exercise greater caution when developing NFTs using the IP of other brands.

According to Leichtman Law managing partner David Leichtman, the case was not necessarily about Mason Rothschild’s unauthorized use of the protected Birkin brand. Instead, the question was whether he intended to lead customers to believe the MetaBirkin NFTs were connected to Hermès’ signature item.

Also Read: Explained: What Are PFP NFTs And How Do They Work?

Hermès sued MetaBirkins’ creator for his NFT Collection

Hermès sued Rothschild in January 2022, after the Los Angeles-based designer unveiled the MetaBirkins NFT collection. It was modeled after the company’s well-known Birkin handbag. According to the filing, Rothschild was “stealing the goodwill in Hermès’ famous intellectual property to create and sell his own line of products,” which could cause confusion among its customer base.

 

According to Rothschild, his project was merely an artistic commentary on the fashion industry. He said that the First Amendment protected his right to express himself creatively. The Hermès v. Metabirkins lawsuit, which had been fought over for a year over allegations of trademark infringement, went to trial on Jan. 30. However, this was the first case to involve non-fungible tokens and trademarks. Also, it will undoubtedly have an impact on the future of NFT-related trademarks.

Also Read: Alien Worlds Game: Can Alien Worlds Be Played On A Mobile Device?

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Why Trust CoinGape

CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights Read more…to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information.

About Author
About Author
CoinGape comprises an experienced team of native content writers and editors working round the clock to cover news globally and present news as a fact rather than an opinion. CoinGape writers and reporters contributed to this article.
Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
Ad Disclosure: This site may feature sponsored content and affiliate links. All advertisements are clearly labeled, and ad partners have no influence over our editorial content.