Hermés has revealed that it is suing developer Mason Rothschild for claimed “trademark infringement” in his non-fungible token (NFT) ‘Metabirkins’.
In a 47-page lawsuit filed in New York’s Southern District Court, Rothschild is accused of using the Metabirkins brand to create, advertise, sell, and facilitate the exchange of digital assets.
When Rothschild released his Metabirkin NFTs in December, the first unit sold for $42,000. It features digital recreations of Hermés’ famed Birkin bag, which retails for over $10,000 in the real world.
Following a stop and desist letter from the luxury company, the NFT versions were deleted from OpenSea. But Rothschild stood firm and continued to offer them via his website, telling Business of Fashion that his “artworks” are just representations of the genuine thing.
It also claimed that Rothschild’s digital bag activations harmed the Birkin mark, claiming that “the designation of ‘artist’ does not grant a permission to utilise an analogue to the renowned Birkin trademark”. It further said his style is “calculated to deceive consumers”.
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