Hermès beat the creator of MetaBirkin NFT

08.02.2023

French luxury goods brand Hermès International S.A. has won a lawsuit against MetaBirkin NFT, the creator of unauthorized collectibles that the company claims infringed on its Birkin handbag trademark.

On Wednesday, according to Bloomberg Law, a federal jury in Manhattan ruled in Hermès’ favor, awarding the company $133,000 in damages and noting that the 100 MetaBirkin NFT minted by digital artist Mason Rothschild on Ethereum is not a form of speech protected by the First Amendment to the U.S. Constitution.

The unofficial tribute to Hermès luxury handbags was launched in late 2021, and in December of that year, the company claimed that “NFTs infringe Hermès’ intellectual property and trademark rights.”