Hermès Defeats MetaBirkins in the First NFT Trademark Trial

Digital artist Mason Rothschild’s creation of “MetaBirkin” nonfungible tokens sparked a trademark battle with Hermès International SA.

Source: Court documents

Luxury brand Hermès International SA won its lawsuit against the digital artist behind “MetaBirkin” nonfungible tokens after convincing a Manhattan federal jury that Mason Rothschild’s sale of the NFTs violated Hermès’ rights to the “Birkin” trademark.

The nine-person jury returned a verdict on Wednesday, awarding Hermès $133,000 in total damages. They also found Rothschild’s NFTs aren’t protected speech under the First Amendment.