Hermès is a luxury fashion brand famously known for its iconic Birkin handbag. Since 1986, Hermès has sold over $1 billion worth of these handbags in the United States, including over $100 million worth in the past 10 years.
At the heart of what is considered the first NFT trademark trial were two competing arguments: Were the artist Mason Rothschild’s creation of “MetaBirkin” NFTs digital images of.
In a closely watched case with major implications for the NFT (non-fungible token) industry, a jury in the United States District Court for the Southern District of New York.
In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks.