A New York court ruled in favor of Hermes International in the trademark infringement case of artist Mason Rothschild, who created NFT bags that resembled the Birkin model. writes about it WWD.
Rothschild was found by a jury guilty of trademark infringement, brand dilution and cyber invasion. In their view, an artist’s NFT is not protected under the First Amendment. Hermes will receive $110,000 for trademark infringement and brand dilution and $23,000 for cyber invasion compensation.
“Hermes is a house of creativity, craftsmanship and originality that has supported artists and freedom of expression since its foundation. “In this dispute, House had to take action to protect consumers and the integrity of its brand,” said a spokesperson for the brand.
Rothschild’s attorney, Rhett Millsaps, said: “We will appeal. We will use all legal options available to us. This is a great day for big, luxury brands and a terrible day for artists and the First Amendment.”
Rothschild said of the decision: “Take nine people from the street and ask them to tell you what art is. The most interesting thing is that everything they say has become an undeniable truth. That is exactly what happened today.”
Hermes filed He sued an artist for making and selling 100 fur NFT bags reminiscent of Hermés Birkin-branded accessories. The collection was presented for the first time at Art Basel in Miami in December 2021.