MetaBirkins NFT Collection Sparks Legal Battle Between Artist and Hermès

• Hermès is suing artist Mason Rothschild over an NFT collection they allege infringes its trademark of the iconic Birkin bag.
• Rothschild released a 100-edition NFT collection in December 2021, selling the „MetaBirkins“ collection for more than $1,000,000 in profit.
• In response, Hermès sent cease and desist letters to both Rothschild and OpenSea, causing the latter to take down the NFT collection from its marketplace.

Luxury goods maker Hermès is taking legal action against artist Mason Rothschild over an NFT collection which it claims violates its trademark of the iconic Birkin bag. In December 2021, Rothschild released a 100-edition NFT collection, dubbing it the ‘MetaBirkins’. He hoped to pay tribute to the exclusive, well-made luxury accessory, which has become a highly sought-after item, not least due to its waitlist, steep price tag and scarcity.

Rothschild made a significant profit from the sale of the NFTs, with one edition selling for 100 ETH. However, soon afterwards, Hermès sent cease and desist letters to both Rothschild and OpenSea, the marketplace where the NFTs were initially sold. In response, OpenSea took down the collection and Rothschild continued to sell the NFTs on other platforms, as well as registering the www.MetaBirkins.com domain, with a disclaimer stating they were not affiliated with Hermès or its subsidiaries.

This case is set to have major implications for the NFT landscape, with legal experts expecting it to be an important precedent in the ongoing debate over copyright infringement in the digital age. The outcome of the case could ultimately define how companies and individuals will be able to use trademarks and other intellectual property in the creation and sale of NFTs.

For Rothschild, the case is a personal matter as well, with the artist having to face the consequences of his actions and the potential for damage to his reputation as a result. It remains to be seen whether the court will rule in favour of Hermès, but the legal battle is undoubtedly one that is being watched closely by many in the digital art and NFT communities.