Hermes files a trademark infringement lawsuit against the designer of the NFT

Hermes, a well-known luxury brand, has broken its silence to file a lawsuit against Mason Rothschild, one of the inventors. By exhibiting Hermes in his non-fungible token (NFT) known as ‘Metabirkins,’ he was accused of infringement of trademark. The Hermes filed a 47-page complaint in New York’s Southern District Court accusing Rothschild of engaging in a “get rich quick scam” in which he exploited the Metabirkins brand by not only manufacturing, marketing, or selling as well as for sharing and exchanging of digital assets.

During the month of December, Rothschild’s Metabirkin NFTs went viral. The very first drop item sells out for around $42,000. Rothschild’s virtual artwork included computerised recreations of Hermes’ famous Birkin bag. In the actual world, these bags cost more than $10,000.

Following the discovery of such a reproduction, Open Sea received a cease and desist from the luxury brand, and these NFT versions were also withdrawn from the supportive digital platform. Rothschild, on the other hand, did not stop and continued to advertise them through his own website without interruption. In a statement, he also stated that his artworks were nothing more than virtual representations of the genuine thing.

Hermes also accused Rothschild of creating damage to the Birkin brand from his activations surround the digital bags, according to the complaint. “The status of ‘artist’ does not provide a right to utilise an equal to the famous Birkin trademark,” Hermes continued. His demeanour is designed to deceive consumers.”

This case is unquestionably worth following as it is one of the first one to deal with costume NFTs causing trademark infringement and, more importantly, dilution. It might set a precedent for those other big-name brands who are taking active use of the space, that involves not only lawsuit but also facing trademark infringement.