Hermès wins case in opposition to Mason Rothschild’s Metabirkins

On Feb 8, a jury trial within the Southern District of New York reached a verdict in Hermès’ lawsuit in opposition to MetaBirkins. The court docket dominated that artist Mason Rothschild had violated the trademark protections of the model Hermès. Rothschild’s 100 “Metabirkins” NFTs have been discovered to not be creative commentary and subsequently not protected by the First Modification of the US Structure.

In response to a report by Vogue Enterprise, a nine-member jury discovered Rothschild responsible for trademark infringement, trademark dilution, and “cybersquatting,” awarding Hermès $133,000 in damages. Notably, the choice marks the primary time the connection between digital artwork, NFTs, and bodily trend has been addressed in court docket. Hermès argued that NFTs symbolize a brand new product class, whereas Rothschild argued that there isn’t any such factor as a digital twin. Rothschild mentioned he plans to enchantment the decision.

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