A nine-person federal jury in New York City sided with Hermès in its fight over non-fungible token (“NFT”)-linked digital images that mirror the design of its famed Birkin bag and that bear the “MetaBirkins” name. Finding that MetaBirkins creator Mason Rothschild (whose real name is Sonny Estival) is liable on all three counts – trademark infringement and dilution, and cybersquatting – for the MetaBirkins NFTs, and that he is not shielded by the First Amendment protections that apply to artistic and not-explicitly-misleading works, the jury in the U.S. District Court for the Southern District of New York returned their verdict on Wednesday morning, awarding Hermès roughly $133,000 in damages.
Read the full analysis of the verdict here: https://www.thefashionlaw.com/hermes-prevails-in-trademark-trial-over-metabirkins-nfts/?utm_source=substack&utm_medium=email