Hermès wins case to permanently block ‘Metabirkins’ NFTs

The highly reported ‘Metabirkins’ case that has drawn attention and sparked discussions in both the Web3 and fashion worlds over the past year could finally be coming to a close. Luxury giant Hermès has been granted its request to permanently block artist Mason Rothschild from selling the Birkin-esque non-fungible tokens (NFTs) after a jury found that they violated trademark rights.

The ruling was made in a Manhattan court by US District judge Jed Rakoff, who said the permanent injunction should be put in place as the continued marketing of the NFTs could confuse consumers and harm the company.

Hermès first issued the request to block Rothschild after it won a case against the artist in April 2023, where it claimed he had intentionally meant to infringe with the goal of profiting off the business with the release of the digital assets.

The conflict began after Rothschild released 100 NFTs that bore resemblance to the brand’s signature Birkin bag in December 2021, with Hermès later filing the trademark suit in January 2022.

Hermès ultimately won the case, and was awarded 133,000 dollars in damages, however the brand continued to double down on its efforts to halt the sales of the NFTs after it was revealed that Rothschild was continuing to market and receive royalties from the digital assets following the trail’s conclusion.

In the latest outcome, Rakoff opted to grant Hermès’ request, yet did not order Rothschild to transfer the remaining NFTs out of an “abundance of caution” for First Amendment concerns.