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Trademarks / Designs

Metabirkins Case: Hermès won its lawsuit against Mason Rothschild and its NFTs


Photo by nic chi on Unsplash.

The “Metabirkin” NFT lawsuit opposing Hermes to the digital artist Mason Rothschild ended on 8 February.

The French luxury company accused the American artist of acts of counterfeiting, damage to its brand image and cybersquatting through the creation and marketing of works of art in the form of NFTs (non-fungible tokens) reproducing its Birkin bag and its trademark.

This is the first time that a court has had to rule on a potential infringement of Intellectual Property rights by NFTs in the metaverse.

The jury in New-York ruled in favour of Hermès and awarded the same $133,000 in damages.

This decision establishes an important precedent for non-fungible token creators and holders of IP rights.

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