Hermès files trade mark lawsuit against NFT creator ‘MetaBirkins’.

Hermès has filed a trade mark lawsuit against MetaBirkins, targeting its creator Mason Rothschild. The individual is responsible for creating a collection of 100 MetaBirkins non-fungible tokens (NFT), which consist of images displaying the famous Hermès Birkin bag, covered with a furry coat. As per the filing, Hermès claim that the NFT creator is a “digital speculator who is seeking to get rich quick by appropriating the brand MetaBirkins for use in the creating, marketing, selling, and facilitating the exchange of digital assets known as non-fungible tokens”.

With the above in mind, Hermès sees that these NFTs rip off their famous designs by adding the generic prefix ‘meta’, referring to virtual worlds where digital assets are sold and traded. Additionally, the dispute arises with the use of Hermès’ “globally recognised” trade mark for the word BIRKIN. After the first NFT was launched and sold for $42,000, Hermès claim that they informed Rothschild and OpenSea (the NFT platform) of the intellectual property infringement. Resultingly, OpenSea immediately removed the NFT from their site, however that did not prevent MetaBirkins from creating and selling more of the same.

However, since receiving a cease-and-desist letter from Hermès, the NFT creator updated its website to now read the following disclaimer: “We are not affiliated, associated, authorised, endorsed by, or in any way officially connected with the HERMÈS, or any of its subsidiaries or its affiliates. The official HERMÈS website can be found at www.Hermès.com.”

Nevertheless, the Birkin Bag designer was not impressed with the above, claiming that it made the matter worse by using the Hermès name three times and supplying an unnecessary link to its website. Further, Hermès added that Rothschild’s actions aim to “dilute the distinctive quality of the BIRKIN mark and the goodwill associated with it”. If the court were to order the NFT creator to make his works inaccessible, it poses the question of the connection and standing of the owners of these NFTs.

Hermès is not the only fashion brand facing such issues, as pieces of Chanel and Louis Vuitton are also sold as NFTs. Be sure to stay tuned for updates on the progression of this matter.

If you have any queries regarding the above, or would require our assistance with an alternative matter, please do not hesitate to get in touch with out expert team of solicitors at Lawdit today.

Tel: 023 8023 5979

E-mail: info@lawdit.co.uk

For further information on NFTs, please click here: What is an NFT and why create one? | Lawdit Solicitors UK

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