Hermès wins case against Mason Rothschild’s Metabirkins By Cointelegraph
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On Feb 8, a jury trial in the Southern District of New York reached a verdict in Hermès’ lawsuit against MetaBirkins. The court ruled that artist Mason Rothschild had violated the trademark protections of the brand Hermès. Rothschild’s 100 “Metabirkins” NFTs were found to not be artistic commentary and therefore not protected by the First Amendment of the US Constitution.
According to a report by Vogue Business, a nine-member jury found Rothschild liable for trademark infringement, trademark dilution, and “cybersquatting,” awarding Hermès $133,000 in damages. Notably, the decision marks the first time the relationship between digital art, NFTs, and physical fashion has been addressed in court. Hermès argued that NFTs represent a new product category, while Rothschild argued that there is no such thing as a digital twin. Rothschild said he plans to appeal the verdict.
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On Feb 8, a jury trial in the Southern District of New York reached a verdict in Hermès’ lawsuit against MetaBirkins. The court ruled that artist Mason Rothschild had violated the trademark protections of the brand Hermès. Rothschild’s 100 “Metabirkins” NFTs were found to not be artistic commentary and therefore not protected by the First Amendment of the US Constitution.
According to a report by Vogue Business, a nine-member jury found Rothschild liable for trademark infringement, trademark dilution, and “cybersquatting,” awarding Hermès $133,000 in damages. Notably, the decision marks the first time the relationship between digital art, NFTs, and physical fashion has been addressed in court. Hermès argued that NFTs represent a new product category, while Rothschild argued that there is no such thing as a digital twin. Rothschild said he plans to appeal the verdict.
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