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NFT Creator MetaBirkins Loses Trademark Lawsuit Against Hermès

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A New York jury ruled that selling "MetaBirkins" NFTs violates Hermès' trademark.

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The jury awarded Hermès $133,000 in damages.

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The jury determined that the NFTs are not First Amendment-protected speech.

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Hermès sued the creator of MetaBirkins, Mason Rothschild, in early 2022.

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MetaBirkins paired digital tokens with themed pictures of nonexistent Birkin bags covered in faux fur.

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Rothschild argued in court that his work comments on the animal cruelty inherent in Hermès' manufacture.

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Hermès argued that the series rips off its famous Birkin trademark and could hinder its ability to offer NFTs in the future.

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NFTs and crypto are less popular now than they were in late 2021 and early 2022.

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Intellectual property disputes over NFTs are common, and this case could affect future cases.

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The case could make artists leery of selling tokens based on well-known brands, although the NFT crash might be an even bigger disincentive.

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