In a case that could set a legal precedent for future digital assets, and what artists can and cannot create and render virtually, Hermès will go to trial against artist Mason Rothschild over his Metabirkin NFTs, set to begin 30 January. Both Hermès and Rothschild had pushed for a summary judgement without a full trial, however, these motions were denied.
The trial will be pivotal in the Web3 and digital goods space as it raises and potentially answers abstract questions about the meaning of a luxury handbag in an increasingly digital world.
Hermès first sued Rothschild in January 2022, stating that his NFT projects using the Birkin name and likeness “infringed upon the intellectual property and trademark rights of Hermès and are an example of fake Hermès products in the metaverse”.
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