A Victory for Brands: Hermes Wins U.S. Trademark Trial over “MetaBirkins” NFT
Fashion and Luxury Goods attorney Danielle Garno and litigation attorney Krithika Rajkumar co-authored an article about a ruling by a Manhattan federal judge that artist Mason Rothchild's non-fungible token (NFT) version of Hermès Birkin bags violated the company's trademark rights. In this article, the authors break down key points of the case, most notably Rothschild's argument that his "MetaBirkin" works were protected artistic expressions under the First Amendment. In advancing this argument, he compared his NFTs to Andy Warhol's famous prints of Campbell's soup cans, saying both were "artistic experiments." However, the jury delivered a verdict in favor of Hermès, finding Rothschild liable for trademark infringement. Ms. Garno and Ms. Rajkumar explore the significance of the case for the fashion, creator and metaverse industries.