Hermès, NFT Artist Clash Over Whether MetaBirkins Is a Trademark

Luxury retailer Hermès International and digital artist Mason Rothschild clashed at oral arguments in New York federal court on Wednesday over whether the name “MetaBirkins” on nonfungible tokens should be viewed as a trademark or as the title of an art project.

Hermès sued Rothschild in January, alleging he infringed the trademarks of its famous Birkin luxury handbag by creating and selling MetaBirkins NFTs, which are bought and sold using blockchain technology. The NFTs represent digital images of the Birkin handbags, but covered in fur instead of leather.

Harvard Law School Professor Rebecca Tushnet, who represents Rothschild, argued that the ...