An Hermès lawsuit could soon set a legal precedent for future digital assets like NFTs. After the luxury fashion house sued artist Mason Rothschild in January — alleging he infringed the trademarks of its famous Birkin bag by creating and selling virtual interpretations dubbed “MetaBirkins NFTs” — Rothschild has argued that “MetaBirkins” could be viewed as the title of an art project, not a trademark. His response asks what ownership means in the metaverse and whether NFTs can qualify as artistic expression, two questions that could impact brands eager to protect their intellectual property in web3.
Rothschild’s MetaBirkins boast the same look as their real-life counterparts, although the digital versions are covered with fake fur. Disclaimers on Rothschild’s website clarify that the blockchain-based bags are not associated with Hermès — although that doesn’t seem to be enough for the luxury label, which is notoriously defensive of its Birkin bags. Tangible versions of the bag are best known for their scarcity, although that meaning changes within the metaverse, where scarcity is created artificially.
