Judge Halts MetaBirkin NFT Sales in Favor of Hermès

Luxury fashion brand Hermès has been granted a permanent injunction on all sales of the “MetaBirkin” non-fungible tokens (NFTs) by Manhattan-based US District Judge Jed Rakoff. The judge ruled that Mason Rothschild’s project violated Hermès’ trademarks and was an explicitly misleading attempt to defraud consumers into thinking the brand endorsed the NFTs. Rothschild argued that his collection was protected under the First Amendment as artistic expression, but this defense was ultimately rejected. Earlier, in February, a nine-member jury also found Rothschild guilty of violating Hermès’ trademark, with the artist ordered to pay $133,000 in damages. The MetaBirkin collection, which comprises 100 NFT artworks depicting furry Birkin-style handbags, reportedly generated more than $1 million in sales.

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