- Kyle Chua
Hermès Wins Trademark Case Against Artist Who Created and Sold NFTs Featuring Birkin Bags
Non-fungible tokens (NFTS) are consumer goods, not art – that's what the jury of a landmark case between a luxury handbag maker and an artist believes.
A Manhattan court on Wednesday ruled in favour of fashion giant Hermès in its lawsuit against artist Mason Rothschild over trademark violations of his NFT collection called "MetaBirkins", as The New York Times reports.
The NFT collection consists of digital images featuring different artistic iterations of the Hermès Birkin, which Hermès claimed could lead consumers to think they were affiliated with the brand even though they weren't. “Defendant’s ruse must not be sanctioned: He is stealing the goodwill in Hermès’ famous intellectual property to create and sell his own line of products," the complaint reads.
One of the designs from the collection has the iconic handbag covered in green, Grinch-like fur, while another has an animated foetus growing inside. Mr Rothschild launched and sold the first works from the collection in 2021, and has since made an estimated $125,000 from them, covering the initial sales and royalties.
Mr Rothschild argued that his NFTs were works of art – in the same vein as Andy Warhol's work which features Campbell's soup cans – and were therefore protected by free speech laws. The jury ultimately rejected his argument, siding with Hermès in deeming NFTs as commercial products that are subject to intellectual property laws. Hermès has been awarded US$133,000 in damages.
"What happened today will continue to happen if we don’t continue to fight," Mr Rothschild posted on Twitter, criticising the ruling. "This is far from over." His lawyer, meanwhile, said it was a "great day for big brands" and a "terrible day for artists and the First Amendment."
The ruling is noteworthy as it could set a precedent for future cases related to NFTs that riff on trademarked properties. It also further fuels the debate on whether these digital images should be considered as works of art or commercial goods. For the jury of this case, it was the latter.
A Manhattan court ruled in favour of fashion giant Hermès in its lawsuit against artist Mason Rothschild over trademark violations of his NFT collection called "MetaBirkins".
The NFT collection consists of digital images featuring different artistic iterations of the Hermès Birkin, which Hermès claimed could lead consumers to think they were affiliated with the brand even though they weren't.
Mr Rothschild argued that his NFTs were works of art and were therefore protected by free speech laws.
The jury ultimately rejected his argument, siding with Hermès in deeming NFTs as commercial products that are subject to intellectual property laws.