Hermès Defeats MetaBirkins in the First NFT Trademark Trial (1)

Luxury brand Hermès International SA won its lawsuit against the digital artist behind “MetaBirkin” nonfungible tokens after convincing a Manhattan federal jury that Mason Rothschild’s sale of the NFTs violated Hermès’ rights to the “Birkin” trademark.

The nine-person jury returned a verdict on Wednesday, awarding Hermès $133,000 in total damages. They also found Rothschild’s NFTs aren’t protected speech under the First Amendment.

The trial was the first ever to examine how NFTs—digital assets that exploded in popularity over the past two years—should be viewed through the lens of intellectual property law.

Rothschild’s loss may have a chilling effect on NFT ...