Hermes attempts for injunction to prevent Metabirkins from selling their NFTs

Categories: Disputes

Lawdit Editorial Team
March 8, 2023

Metabirkins is a 100-piece non-fungible token (NFTs) collection based on the luxury Hermes handbag designs. Artist Mason Rothschild created these NFT’s in a variety of colours including exclusive versions of the NFTs wrapped in Faux Fur.

The NFTs were released on 2^nd December 2021 and were priced at $450 each. The limited edition NFTs were purchased by buyers in the realm of $40,000-$50,000 around 2 weeks after launch of the NFTs. The collection proceeded to produce about $800,000 on the NFT marketplace. Hermes argues their trade mark rights are being infringed and are in the process of preventing Metabirkins from selling anymore NFTs based on Hermes handbag designs.

Hermes was successful in trial against Metabirkins in February after a jury concluded that Hermes trade mark rights were being infringed. Metabirkins has filed for an appeal whilst Hermes has filed for an interim injunction because Metabirkins NFTs continue to cause irreparable harm to Hermes. Hermes hopes from the inunction that Metabirkins would be permanently prohibited from selling, creating and advertising any NFTs which include the Hermes Birkin trade mark. They also hope that whatever remaining Birkin NFTs Metabirkins is in possession of is transferred to Hermes. Any person attempting to sell Metabirkins NFTs if such injunction is granted will also suffer legal consequences.

Hermes further alleges that Metabirkins is still advertising and selling Birkin NFTs on social media as can be seen by their teams media activity.

If the injunction is granted this will have a huge impact on the NFT marketplace as Hermes will be able to retrieve any Birkin NFTs in Mason Rothschild’s possession and Hermes will be able to enforce the IP rights against other individuals trying to sell theirs as the sale of NFTs are publicly traceable and viewable.

This injunction will also have further NFT implications as NFT investments are thought to be secure, however this injunction would prove otherwise. The injunction would also create a hold in the NFT market as sellers and buyers would be afraid in getting sued by a multi-billion dollar company.

On the other hand, if the injunction is denied Hermes would simply sue again which would create an infinite cycle of lawsuits.

If you have any queries, contact our expert team of solicitors through info@lawdit.co.uk or alternatively give us a call on 023 8023 5979.

By Zohaib Tahir, an LLM student at Solent University

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The Lawdit Editorial Team is a group of experienced solicitors and legal professionals committed to delivering accurate, timely, and practical legal insights. With a focus on intellectual property, commercial law, litigation, and digital compliance, the team ensures every article reflects Lawdit’s standard of clarity, reliability, and legal expertise.