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• Hermès has successfully sued NFT creator Mason Rothschild to protect the likeness of their iconic Birkin bag.
• The jury found the fashion brand to be well within their rights to be awarded damages, which totaled roughly $130,000.
• This ruling will serve as a precedent for how NFT lawsuits and legislation are evaluated in the years ahead.
Hermès Sues NFT Creator
It was just over one year ago when global fashion brand Hermès opened a lawsuit up against NFT creator Mason Rothschild. This week, jurors ruled in favor of Hermès and awarded them damages totaling roughly $130,000. The ruling will undoubtedly serve as a pillar judgment in how NFT lawsuits – and potentially legislation – are evaluated in the years ahead.
MetaBirkins Project
Rothschild’s NFT project, MetaBirkins, was minted a couple months prior to the lawsuit being filed by Hermès. The 47-page court filing argued that the collection used too much of the brand’s reputable iconography and likeness from their iconic Birkin bags. To protest this response, Rothschild released copies of the cease and desist letters to the public last year and opined on social media around his disdain for it.
Birkin Bag Basics
Hermès’ Birkin bags are staples in high fashion with prices ranging from $5K to strong six figures depending on where they are purchased from or who is selling them. Understandably so, this luxurious brand took an all-out legal offense when it comes to protecting any inkling of a potential IP violation with regards to their product lineup.
Legal Precedent Set
Rothschild described his utilization of Hermès’ likeness as fair use but jurors were not receptive in agreement with him. This decision could be seen as a hindrance for future growth of art NFTs if we’re not evaluating them in an equal purview as other mediums of artistic expression. MetaBirkins is currently trading on LooksRare (LOOKS) with a multi-ETH floor price tag attached to each piece sold near ETH 570 at time of writing (May 17th).
Conclusion
The case between Hermès and Mason Rothschild serves as an important reminder for digital artists about protecting their intellectual property rights with regards to artwork created using blockchain technology such as Non-Fungible Tokens (NFT). While artist’s works may not always be protected by typical copyright laws or other forms of protection such as trademark or patent law, smart contracts can provide some level security against those who would seek to copy or otherwise replicate another’s work without permission or compensation due what is known as “smart contract enforcement”
