NFT creator files lawsuit against Hermès’ “MetaBirkin” collection


  • An NFT artist sued Hermès for a set of MetaBirkin digital collectibles inspired by the French fashion house’s famously pricey bags.
  • Courts must determine if Mason Rothschild, who issued MetaBirkins, violated Hermès’ copyright.
  • Blake Gopnik, a critic best known for writing the biography of Andy Warhol, had been enlisted by Rothschild to help them with their argument.

An NFT artist sued Hermès for a collection of MetaBirkin digital collectibles modeled after the French fashion house’s renownedly expensive bags.

The courts must determine if Mason Rothschild, who issued MetaBirkins, violated Hermès’ copyright. Rothschild hired Blake Gopnik, an art critic known for penning Andy Warhol’s biography, to support their case. Gopnik’s evidence, in The Fashion Law’s opinion, supported the assertion that the MetaBirkins NFTs represent a free artistic expression.

According to Bloomberg Law, Judge Jed S. Rakoff’s decision on the first day of the trademark trial might scupper Rothstein’s attempts to compare his creations to Warhol’s artwork. A year later, Hermes filed a lawsuit against his MetaBiekin NFTs for trademark infringement.

Rothschild allegedly presented them at a Miami Art Basel exhibition without the premium retailer’s consent.

LooksRare still has 100 NFTs available. Through the site, they sold 15.5 ETH ($24,350 at the current exchange rate) to 83 owners.

Customers were misled into thinking Hermès endorsed and sold the Birkin brand through Rothschild. The case is critical because it could clarify how conventional trademark law might be applied to NFTs. The judge claimed that the jury was “baffled” by the luxury brand’s attorneys’ explanation of how NFTs operate.

The most recent entrant in the market, the upscale Parisian brand Hermes, has filed for a trademark. The business has applied for a trademark for its name to succeed in the NFTs, virtual currency, virtual goods marketplaces, fashion shows, cryptocurrency, clothes, footwear, and NFT trading industries. On August 26, the USPTO received the trademark filing.

Hermes has submitted a trademark application for its e-commerce and user authentication services. Hermes will sell downloadable computer gaming software once the trademark application is authorized. The metaverse, cryptocurrencies, and NFTs have sparked increasing interest in the space.