The luxury fashion brand Hermes International has successfully won its non-fungible token trademark lawsuit against the digital artist Mason Rothschild. Hermes filed a lawsuit earlier this year, seeking rights to the “Birkin” trademark.

Hermes Wins NFT Lawsuit Against MetaBirkins

According to a Bloomberg report published on Feb 8, a nine-person jury in Manhattan has ruled in favor of Hermes International SA, awarding the French luxury fashion brand $133,000 in total damages.

Hermes and Rothschild entered into a legal dispute last year after Mason Rothschild launched his non-fungible tokens dubbed “MetaBirkin,” a term related to the brand “Birkin” name Hermes uses as a signature to its handbag collection.

Earlier this year, Hermes International filed a lawsuit against the digital artist, accusing him of trademark infringement. In a past interview, Rothschild refuted the allegations, describing them as “baseless.” He noted:

“I am not creating or selling fake Birkin bags. I’ve made artworks that depict imaginary, fur-covered Birkin bags. The fact that I sell the art using NFTs doesn’t change the fact that it’s art.”

Hermes’ trademark lawsuit has drawn the attention of many legal practitioners, as it was the first-ever case to examine how non-fungible tokens should be viewed through the scope of intellectual property law.

In a short interview, Alfred Steiner, an intellectual property attorney, and digital artist, said that Hermes’ court determination would be a perfect example to all NFT artists who intend to use unregistered trademarks for their projects.

In turn, Emily Poler, a New York lawyer focusing on technology and intellectual property, has described the recent case as fact-specific. However, she noted that “there is still room for artwork to be protected by the First Amendment.”

In the meantime, Rothschild has tarnished the court determination, vowing to file a legal appeal, hoping to overturn the ruling. “What happened today was wrong and will continue to happen if we don’t continue to fight. This is far from over,” he remarked.

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