French luxury brand Hermes has won a lawsuit against an artist who depicted its famous Birkin bags in an NFT collection. crypto cryptocurrency
French luxury brand Hermes has won a lawsuit against an artist who depicted its famous Birkin bags in a non-fungible token collection. The artist argued that NFTs should be covered under the U.S. Constitution’s First Amendment but the jury disagreed.French luxury design house Hermes has won a lawsuit against Mason Rothschild, the artist behind the “Metabirkins” non-fungible token collection which features digital depictions of Hermes’ popular Birkin bags.
Rothschild created the Metabirkins NFT collection in 2021, which he described as “a collection of 100 unique NFTs created with faux fur in a range of contemporary color and graphic executions.” The collection has fetched more than 200 in sales, equivalent to $331,684 at the time of writing. Hermes complained and sued the artist early last year for trademark infringement.Rothschild argued that NFTs should be covered under the U.S. Constitution’s First Amendment. The artist’s defense team compared his work to that of Andy Warhol who depicted Campbell’s soup cans and Coca-Cola bottles in his artwork.
After deliberating for two days, a New York jury delivered a verdict on Wednesday stating that they “found the defendant liable for trademark infringement” and “trademark dilution.” In addition, they found that “the First Amendment protection does not bar liability.” The jury then awarded Hermes $133,000 in damages — $110,000 for trademark infringement and $23,000 for cybersquatting.
France Dernières Nouvelles, France Actualités
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