Hermes, the French fashion house, has filed a lawsuit against NFT artist Mason Rothschild over his release of Metabirkins, a collection of non-interchangeable tokens (NFT). These NFTs show Birkin handbags decorated with bright fur instead of leather.
In the suit, Hermes argued that the collection inappropriately used the Birkin logo and may have led buyers to believe it was associated with their luxury brand.
The company is demanding that the court system order Mason Rothschild to stop its actions, transfer the MetaBirkins.com domain to Hermes and compensate it for its losses, including any profits made from the digital goods transaction.
According to Laura Lamansky of law firm Michael Best & Friedrich LLP, this could affect the NFT field, especially in terms of how trademarks are protected in the digital sphere.
It should be noted that Nike filed a lawsuit against online retailer StockX in February 2022 for selling images of trainers as NFT without permission, while Miramax studio managed to settle a dispute over the NFT collection based on director Quentin Tarantino's ‘Pulp Fiction’ back in September.
