A Manhattan federal jury on Wednesday concluded that an artist's non-fungible token versions of Hermes' famous Birkin bags violated the French fashion house's trademark rights.
A craftswoman works on a Birkin bag at the luxury goods Hermes factory in Seloncourt October 4, 2013. REUTERS/Benoit TessierFeb 8 - A Manhattan federal jury on Wednesday concluded that an artist's non-fungible token versions of Hermes'In one of the first intellectual-property trials over the popular digital tokens known as NFTs, the jury found artist Mason Rothschild's unauthorized "MetaBirkins" were likely to confuse consumers.
The jury awarded Hermes $133,000 in damages for trademark infringement, dilution, and cybersquatting, the U.S. District Court for the Southern District of New York confirmed. Rothschild's attorney Rhett Millsaps called the result a "terrible day for artists and the First Amendment." Representatives for Hermes did not immediately respond to requests for comment.
The case has been closely watched for its potential to clarify how trademark law will apply to NFTs, which are unique tokens on blockchain networks often used to verify ownership of digital art. Hermes' prized leather Birkin handbags typically sell for tens of thousands of dollars each. The company has sold over $1 billion worth of Birkins in the United States, including more than $100 million worth in the past ten years, according to a court document.
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