French luxury designer Hermès sues artist Mason Rothschild for trademark claims over his sale of “MetaBirkin” NFTs mimicking Hermès Birkin bags — but no copyright claim asserted

On January 14, 2022, French luxury designer Hermès filed a lawsuit against artist Mason Rothschild, in the Southern District of New York, for various trademark claims over his sale of “MetaBirkin” NFTs mimicking Hermès Birkin bags. This was no surprise. It was expected after Rothschild created and sold out his 100 “MetaBirkin” NFTs during Art…

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Mason Rothschild invokes First Amendment right to create MetaBirkins NFTs, rejects Hermes’ ceast and desist letter

During Art Basel in December 2021, Mason Rothschild created and sold MetaBirkins NFTs, which depict Hermes’ iconic Birkin bag. Rothschild, however, altered the Birkin bag design by adding faux fur to the digital design depicted in the image. Rothschild’s NFTs reportedly sold over $1.1 million in volume. (Hypebeast) We analyzed the potential copyright and trademark…

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Hermes v. Mason Rothschild: dispute over unauthorized depictions of Hermes “Birkin” bags in NFTs sold by Rothschild

OK, this is a great law school exam problem. Only it’s happening IRL. Digital creator Mason Rothschild reportedly dropped a collection of 100 NFTs called “MetaBirkins” at Art Basel Miami on Dec. 2, 2021. NFT Stats indicates that the highest sales of the MetaBirkins NFTs were over $43,600. Irish Times reports that the total sales…

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