Jury Rules Against Creator of 'MetaBirkin' NFTs in Hermès Trademark Case

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 awarding Hermès $133,000 in total damages and also found Rothschild’s NFTs aren’t protected speech under the First Amendment.

The GigaLaw Firm helps companies of all sizes protect their brands online, using domain name dispute policies – such as the Uniform Domain Name Dispute Resolution Policy (UDRP) – and other legal tools available to copyright and trademark owners on the Internet.