"Hmmm, maybe this NFT artist has no intention of copying Hermès designs."
French luxury brand Hermès sued non-fungible token (NFT) artist, Mason Rothschild in Manhattan federal court for trademark infringement after promoting and selling a collection of NFTs called MetaBirkins inspired by Birkin bags.
Hermès' filing of a complaint against Rothschild has been traced back to January 14, 2022, where the NFT artist refused to stop selling his digital collection despite pressure.
According to Hermès, Rothschild should not do that because most individuals will start to feel confused and believe that the luxury brand supports the NFT project even though it is not true.
Most intellectual property lawyers and legal experts believe that the case between Hermès and Rothschild can have a negative impact on the future of the NFT market.
Following that, the responsible parties will do their best to think of various methods that can further strengthen rights in the digital space.
While the blockchain and technology lawyer, Michael Kasdan did not expect the case to get bigger and bigger without end even though Hermès was found to have stopped the NFT project which allegedly violated copyright, intellectual property and trademarks.
On a different side, StockX also faced a similar event when Nike filed a lawsuit against it on February 4, 2022 on charges of trademark infringement, where they had created an NFT but similar to the brand's shoe design.
