‘Be Cautious What We Want For’: Jury Guidelines for Hermès in Historic MetaBirkin NFT Trademark Trial

Hermes fashion store. Credit: Tupungato/Adobe Stock

The jury in one of the first intellectual property trials involving non-fungible tokens returned a verdict in favor of the French fashion house Hermès in Manhattan federal court Wednesday, finding that the artist who created “MetaBirkin” NFTs infringed Hermès’ trademark for its Birkin handbag.

The jury began deliberating Monday afternoon and on Wednesday morning awarded $133,000 in net profits and statutory damages to Hermès, represented by Baker & Hostetler. Artist Mason Rothschild’s attorneys are at Harris St. Laurent & Wechsler and Lex Lumina.


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