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Luxury maker Herms is suing artist Mason Rothschild over its 100-edition NFT collection, accusing it of infringing its trademark for the iconic Birkin bag.
In December 2021, Rothschild uploaded the 100th NFT collection to OpenSea and released the “MetaBirkins” collection.
“Hommage to Helm[e]The most famous handbag, the Birkin, is one of “the most exclusive and well-made luxury accessories.” Its mysterious waiting list, intimidating price tag, and extreme rarity make it the coveted “Holy Grail” handbag, both an investment and a store of value. “
Describing himself as a digital creator and web3cowboy, Rothschild has sold 100 editions of NFTs, making a profit of over $1,000,000, including one edition that sold for 100 ETH.
Shortly thereafter, in January 2022, Herms sent cease and desist letters to both Rothschild and OpenSea, who removed the NFT collection from the market.
Rothschild has since responded by selling and registering NFTs on other platforms. www.MetaBirkins.com Domains with disclaimers:
“We are not affiliated with, associated with, endorsed, endorsed or in any way formally associated with HERMES or any of its subsidiaries or affiliates. The official Hermes website can be found at www.Hermes.com .
Rothschild claims his NFTs should be considered original artwork.Andy Warhol’s Campbell’s Soup Can silkscreen protects individual rights to freedom of speech and artistic expression falls under the First Amendment to
In court filings prepared by Rothschild’s attorneys leading the trial, they cited a 1989 incident. Rogers vs Grimaldi, protects against infringement liability for works that are artistic expressions and do not explicitly mislead the consumer. Presiding Judge Lakoff concurred, stating: Rogers Applied, but no questions have been established to prove what is a digital commodity versus what is a digital artwork.
This incident could lead to an important precedent within the Web3 space, with more and more virtual goods and art in the virtual metaverse.
Legal experts add that the lawsuit sets an important precedent for defining trademarks across the Web3 space.
“[The Birkin case] It will give more guidance on what to do with NFTs. “
Holland & Knight Attorney Thomas Brooke said: wall street journal. he added L
When using new technology, courts often have to apply existing laws and understand what works.
Herms has petitioned the court for over $1,000,000 for Rothschild to cease all activity with respect to the MetaBirkin NFT, waive the MetaBirkins.com domain name and forfeit damages including profits from the sale of digital assets. I’m here.
This is not the first time a lawsuit involving intellectual property rights and NFTs has been heard in US courts. Nike is now suing StockX, a sneaker resale platform that integrates NFTs linked to the physical shoes it resells, for incorporating the brand’s iconic Swoosh into irreplaceable assets.
StockX claims to be using NFTs as a quicker way to check ownership with sellers trying to flip shoes without the burden of actually shipping them.
Hermes International v. Rothschild Scheduled to start on January 30th in the Southern District of New York.
