The luxury brand Hermès has won a lawsuit against the digital artist behind the metabirkins, NFT of his famous Birkin bag. The company was able to convince a jury that the digital piece sold by Mason Rothschild on the Internet violated the rights she has to the Birkin brand.
Metabirkin is a digital image with the iconic Hermès Birkin luxury bag covered by colorful skin in place of leather.
The verdict was known today and gave Hermès the right to receive $ 133,000 as reparation for losses. The jurors also decided that Rothschild NFTs are not protected by the principle of freedom of expression of the first amendment of the US Constitution.
Hermès declined to comment. Rothschild has classified the decision as “wrong.” The trial was the first to examine how NFTs – digital assets that exploded in popularity in the last two years – should be seen through the lens of intellectual property laws.
Emily Poler, a New York Technology Lawyer specializing in technology and intellectual property, said the case has led to a specific decision and that it is still possible to make “art” under the protection of the first amendment in the US.
Jurists have been following this case and, anyway, evaluate that it can influence other pending or future processes involving NFTs and the line that still exists between art and consumer products.
There are a number of other brands in the fashion world, from Balenciaga to Nike, announcing plans to expand their acting to NFTs, betting on the valorization of these assets with the development of the metaverse, a digital environment that combines virtual and real spaces.
Hermès is known to be one of the world’s most luxurious and exclusive brands, with its products being sold at very high prices. Therefore, the company has been very strict in protecting its intellectual property, processing several companies that try copying their models or using their names improperly.
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