
French ultra-luxury fashion and leather goods brand Hermès filed trademark infringement against MetaBirkin NFT artist Mason Rothschild and won.
In addition to receiving a monetary settlement of $133,000 from the NFT artist, the court also sided with Hermès in that a digital design resembling or inspired by an existing physical design will not be protected by US First Ammendment rights. The result of this lawsuit sets the precedent for artists operating in the digital realm, and they will no longer be able to freely create based on pure “interpretations of the world.”