Hermès alleged defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in Birkin word mark and design. Jury disagreed with Rothschild rejecting his First Amendment defense, finding him liable for trademark infringement trademark dilution.
The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners..