In a landmark digital artwork case, Hermès won a trademark infringement suit on Feb. 8 against Mason Rothschild, the artist behind a collection of “MetaBirkin” non-fungible tokens (NFTs).
But while Rothschild will no longer be able to create the NFTs, this doesn’t mean that MetaBirkins won’t continue to exist and sell on secondary markets, perhaps at an even higher price than before.
Hermès first sued Rothschild in January 2022, alleging his collection of 100 NFTs depicting virtual Birkin bags infringed upon the company’s trademark. While the artist claimed his work was a form of artistic expression and therefore protected under the First Amendment, a Manhattan federal jury disagreed and returned a verdict which found Rothschild guilty of trademark infringement, dilution and cybersquatting and ordered him to pay Hermes $110,000 worth of MetaBirkin profits. Rothschild’s publicist did not respond to requests for comment.
The 100 NFTs were first sold for $450 each, with Rothschild…