Closing arguments made in Hermes 'MetaBirkins' lawsuit
It's a legal battle that's been brewing since last year, and now the end is in sight as representatives for both the luxury brand Hermès and American artist Mason Rothschild have delivered their closing statements on the case surrounding Birkin-inspired NFTs (non-fungible token).
A report from Reuters shares that Hermès has asked an American jury to find American artist Mason Rothschild guilty of infringing on their copyright due to him selling “MetaBirkins,” NFTs of furry bags inspired by Birkins. Rothschild's lawyers, on the other hand, countered that these “MetaBirkins” were art.
Any decision made on the case could possibly impact trademark law, specifically how it can be applied to NFTs.
The case began at the start of 2022, when Hermès filed a complaint in New York claiming that the “MetaBirkins” “rips off Hermès' famous Birkin trademark by adding the generic prefix 'meta' to the famous trademark Birkin.”
Rothschild, on the other hand, claimed that he merely “made artworks that depict imaginary, fur-covered Birkin bags,” and that he had tried to reason with the fashion house who he said does not seem to “understand what an NFT is, or what NFTs do.”
The legal battle between Hermès and Rothschild isn't the only high fashion battle currently going on. Back in July last year, the retail manager of Christian Dior Italia sent Valentino a letter demanding payment of €100,000 or P5,883,772 based on current exchange rates. According to the letter, Valentino's fashion show on Rome's Spanish Steps allegedly “hampered” its operations and had its customers “refused access and blocked at the barriers.”
One local celebrity who actually has a Birkin bag and is also dabbling in NFTs is Heart Evangelista.
CHECK OUT HER COLLECTION OF DESIGNER BAGS - WHICH INCLUDE BIRKINS -- IN THE GALLERY BELOW:
