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The Guardian - US
The Guardian - US
Lifestyle
Erin McCormick

Jury rules artist’s NFTs of ‘MetaBirkins’ violate Hermès’ trademark rights

A row of Hermes Birkin bags
The jury awarded Hermès $133,000 in damages for trademark infringement. Photograph: Guy Bell/Rex/Shutterstock

In one of the first cases to address the hi-tech new art world of non-fungible tokens (NFTs), a New York jury ruled on Wednesday that an artist violated the trademark rights of the French fashion house Hermès by selling pictures of furry, copycat purses as NFTs.

The jury ruled that artist Mason Rothschild’s unauthorized versions of Hermès’s iconic Birkin bags, which the artist covered in fur, featured in an image collection he dubbed “MetaBirkins” and sold for a total of over $1m, were likely to confuse consumers.

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