Legal Win for Hermes: ‘MetaBirkin’ NFT Sales Blocked Indefinitely

Manhattan federal judge has granted Hermes a significant victory over artist Mason Rothschild and his “MetaBirkin” NFTs. The ruling enforces the luxury brand’s trademark rights, putting a permanent halt to Rothschild’s sale of these NFTs. The jury deemed it as infringing on Hermes’ signature Birkin bag trademark rights.


  • A Manhattan federal judge has ruled in favor of luxury brand Hermes, permanently halting the sale of artist Mason Rothschild’s “MetaBirkin” NFTs, which were found to infringe on Hermes’ Birkin bag trademark rights.
  • Rothschild defended his NFTs as absurdist statements on luxury goods, protected by the First Amendment, but the court dismissed this argument, stating the First Amendment doesn’t shield deceptive strategies aimed at misleading consumers.
  • The landmark ruling emphasizes the importance of intellectual property protection in the digital age and sets a precedent for future legal battles over the protection of luxury brands in the NFT era.
A screenshot of a MetaBirkin bag NFT.

A MetaBirkin NFT.

What are Hermes MetaBirkin NFTs?

The MetaBirkin NFTs resemble Hermes’ high-end Birkin bags. Hermes argued that Rothschild misled consumers into believing the luxury brand endorsed these NFTs. Rothschild dismissed it as an absurdist commentary on luxury items, shielded by the First Amendment.

The court, however, rejected Rothschild’s defence, stating that nothing in the First Amendment absolves him of his deceptive strategy, aimed at tricking consumers into believing that Hermes endorsed the lucrative MetaBirkins.

In February, the jury awarded Hermes $133,000 in damages. But Rothschild continued selling his NFTs, prompting the luxury brand to seek further court intervention. The final ruling by US District Judge Jed Rakoff bolsters Hermes’ claim. Moreover, it also signals to potential digital counterfeiters the importance of respecting trademark rights.

What are the Consequences of this Legal Decision?

This decision showcases the ongoing struggle to protect intellectual property rights in the burgeoning NFT field. It will have consequences on the luxury goods industry, the art market, and the growth of NFTs.

Moreover, this case underscores the significance of intellectual property protection in the digital age. It also raises questions about the boundaries of artistic expression in relation to trademark infringement.

Finally, the Hermes vs. MetaBirkin case will likely set a precedent for future legal battles over the protection of luxury brands in the era of NFTs.

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