Hermès v. Rothschild (MetaBirkins)

Hermès International v. Mason Rothschild · 2023 · S.D.N.Y.

What happened

An artist sold NFTs depicting fur-covered Birkin bags under the name "MetaBirkins". A jury rejected the argument that the First Amendment shielded the use.

The money

A jury awarded Hermès approximately $133,000.

Reported figures in trademark cases frequently conflate what was sought, what a jury awarded, what survived appeal, and what was actually paid — which is often confidential. Confirm against the docket or a primary source before relying on this number.

What it means for your business

Digital goods are goods. Calling a project art, or building it on a blockchain, does not create a zone where established marks stop applying.

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