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Home NFT

Chamber of Digital Commerce Backs Hermés in Landmark “MetaBirkins” Case

February 13, 2024
in NFT
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Chamber of Digital Commerce Backs Hermés in Landmark “MetaBirkins” Case
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Blockchain and digital asset trade association, the Chamber of Digital Commerce (CDC), filed an amicus curiae brief on February 9 in support of French design house Hermès in the company’s landmark MetaBirkins case.

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Hermés, designer of the legendary Birkin bag, has been caught up in a contentious legal battle that very well may shape how trademarks are applied to digital assets in the Metaverse and beyond.

“Setting A Precedent For The Entire Digital Economy”

The luxury goods company formally sued an artist named Mason Rothschild (real name Sonny Estival) for his creation of “MetaBirkins” – non-fungible tokens (NFTs) depicting Birkin bags that Rothschild was able to sell for tens of thousands of dollars.

“As the Chamber of Digital Commerce stands with Hermès in this case, we are not just advocating for one brand’s rights,” read an amicus curiae brief from the trade association. “We are setting a precedent for the entire digital economy, ensuring that the trademarks which have become synonymous with trust and quality in the physical world carry the same weight in the digital one.”

Federal Jury Rules In Favor of Hermès

Hermès was handed a win last week when a federal jury in Manhattan found Rothschild guilty of cybersquatting, brand dilution, and violating the fashion house’s “Birkin” trademark. The ruling will require Rothschild to pay the company $133,000 as well as $23,000 for damages caused by cybersquatting.

A statement in response to: Hermès International, et al. v. Mason Rothschild. pic.twitter.com/pil6brfGTl

— MetaBirkins (@MetaBirkins) January 17, 2022

Rothschild has vowed to fight the verdict, however, with his lead counsel Rhett Millsap stating “this is not the end of this case.”

See also  NodeMonkes leads NFT sales with US$876K in a day, CryptoPunks drops off top 10

“I am not creating or selling fake Birkin bags,” Rothschild said in a statement. “I’ve made artworks that depict imaginary, fur-covered Birkin bags.”

The End Of MetaBirkins?

Rothschild had originally argued that his work was mere artistry in the tradition of portraying branded images, likening MetaBirkins to Andy Warhol’s celebrated Campbell’s soup cans.

The recent brief from the CDC retorts this argument, claiming that “Andy Warhol was not selling soup at a grocery store.”

The brief goes on to compare Hermès’ right to sell its own digital goods as comparable to NFTs by other brands, such as Tiffany & Co. or the Chicago Bulls. Additionally, the trade association argued that Hermès’ already established brand identity gave MetaBirkins its value.

“It is the identifying features attached to otherwise nameless and faceless lines of computer code which allow those digital goods to be bought and sold online in similar ways to how physical goods are bought and sold online,” the brief stated. “The fact that a company offers its goods in a digital space should not result in those products or that company receiving any less trademark protection than physical goods sold in the real world.”

As of the time of publication, it is currently unclear whether or not an appeal has been filed.

Tags: BacksCaseChamberCommercedigitalHermésLandmarkMetaBirkins

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Memecoin Project Obama6900 (OBX) Joins the Fight Against Malaria with Long-Lasting Insecticidal Nets (LLINs)

Memecoin Project Obama6900 (OBX) Joins the Fight Against Malaria with Long-Lasting Insecticidal Nets (LLINs)

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Tezos 2023 Outlook: An Overview of Tezos (XTZ)

Tezos 2023 Outlook: An Overview of Tezos (XTZ)

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UK risks regulating NFTs the wrong way, says Mintable CEO

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How to Earn Keys to Boost Your HMSTR Airdrop

September 10, 2024
Capturing the Growth of Asset-Backed Finance via Blockchain-Enabled Opportunities

Capturing the Growth of Asset-Backed Finance via Blockchain-Enabled Opportunities

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Mercedes brings the app for cars with NFT art gallery to CES 2024

Mercedes brings the app for cars with NFT art gallery to CES 2024

January 10, 2024
Thailand seizes 63 illegal crypto mining rigs that stole over $327k in electricity

Thailand seizes 63 illegal crypto mining rigs that stole over $327k in electricity

March 16, 2025
Franklin Templeton seeks SEC’s nod for BTC, ETH Crypto Index ETF

Franklin Templeton seeks SEC’s nod for BTC, ETH Crypto Index ETF

August 17, 2024
Nifty Island’s New Quest Lets Gamers Boost Their Play-to-Airdrop Rewards

Nifty Island’s New Quest Lets Gamers Boost Their Play-to-Airdrop Rewards

February 22, 2024

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