MetaBirkins Maker Rothschild Blasts Hermes After NFT Trademark Decision

Key Points:

• Mason Rothschild, the designer of MetaBirkins, was forthright in his response to the Manhattan federal jury’s finding that the NFT artist had infringed on the trademark rights of renowned French luxury label Hermès.
• The NFT artist also suggested on Twitter that the luxury brand had come after him for his lack of a traditional artistic background.

Mason Rothschild, the designer of MetaBirkins, was forthright in his response to the Manhattan federal jury’s finding that the NFT artist had infringed on the trademark rights of renowned French luxury label Hermès.

“Take nine people off the street right now and ask them to tell you what art is, but the kicker is whatever they say will now become the undisputed truth,” Rothschild said in a lengthy Twitter post. “That’s what happened today. A multibillion-dollar luxury fashion house who says they ‘care’ about art and artists.” 

A nine-person jury decided on Wednesday that the MetaBirkins NFTs are not protected by the First Amendment or the freedom of speech, and they ordered Rothschild to pay Hermès $133,000 in damages for trademark infringement. The lawsuit might have a lasting effect on the non-fungible token market, where a lot of designers frequently steal pictures or iconography from well-known works of intellectual property.

The classic Birkin handbag, which has appeared in TV dramas like “Sex and the City,” was transformed into blockchain-enabled, digital versions by Rothschild. A unique bag can cost hundreds of thousands of dollars in its physical form. According to The New York Times, Rothschild calculated that he earned around $125,000 from the NFTs.

The NFT artist also suggested on Twitter that the luxury brand had come after him for his lack of a traditional artistic background.

“[They] feel they have the right to choose what art IS and who IS an artist,” Rothschild said. “Not because of what they create but because their CV doesn’t scream artist with a pedigree from a world class art school. That’s what happened today.”

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