Description
Hermes sues an LA designer, accusing him of selling “MetaBirkin” branded NFTs that rip off the name and look of the handbag. A Jury unanimously found Defendant liable for trademark infringement, trademark dilution, cybersquatting, and awarded Plaintiffs $133k in damages. However, the Defendant is allowed to have a museum display his trademark-infringing NFT with signage that explains the infringement, thus elevating consumer confusion.
Legal Significance
NFTs that mimic trademarks of other entities can be held liable for infringement. However, those NFTs may still be displayed if there are clear indications that the mimicked trademark is not affiliated with the mark holder.
Issues
Status
Appeal
Case No.
1:22-cv-00384
Date Filed
January 14, 2022
Plaintiff
HERMÈS INTERNATIONALHermès of Paris Inc.
Defendant
Mason Rothschild
Court
USDC Southern District of New York
Plaintiff Counsel
Baker & Hostetler LLP
Defendant Counsel
Harris St. Laurent & Wechsler LLPLex Lumina PLLC
Major Filings
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