Hermés v. MetaBirkins NFT

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.

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.

1:22-cv-00384