Hermès sues NFT designer for selling DIGITAL Birkin bags

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Luxury brand Hermès is suing an artist for selling NFTs of Birkin bags after the artist raised $42,000 for a digital rendering of the high fashion accessory in December.

Hermès sued Mason Rothschild in court for the Southern District of New York, alleging that Rothschild “simply rips off the famous Birkin brand from Hermès” with its “MetaBirkins” NFTs, or non-fungible tokens.

The designer calls Rothschild a “digital speculator looking to get rich quick,” saying his “offending is both intentional and flagrant.”

But Rothschild insists his work is protected by the First Amendment and compares his NFTs to Andy Warhol’s pop art paintings of Campbell’s soup cans.

Hermès filed a lawsuit against Mason Rothschild in court for the Southern District of New York on January 14

Rothschild creates digital renderings of the designer's Birkin bags, which he calls MetaBirkins (pictured)

Rothschild creates digital renderings of the designer's Birkin bags, which he calls MetaBirkins (pictured)

Rothschild creates digital renderings of the designer’s Birkin bags, which he calls MetaBirkins (pictured)

Rothschild has been sharing images of his imaginary Birkin art on Instagram since November 2021.

The works show digital renderings of Birkin bags that don’t exist in real life. While each is shaped like Hermès’ iconic handbag, none feature designs that actually exist.

A December ‘MetaBirkin’ is done in green fuzz with a Santa hat to look like the Grinch.

Several others feature fur in multicolored patterns, while he also made one that appears to be covered in goo and another with a banana stuck on it.

In May, he sold an NFT for $23,000, and in December, he resold it for 10 Ethereun, or $42,000,” as reported. The law of fashion.

Actual Birkin bags also cost thousands of dollars each, with rare versions costing hundreds of thousands of dollars.

Hermès accused him of being

Hermès has accused him of being ‘a digital speculator looking to get rich quick’ and alleges he is ‘simply scamming Hermès’ (pictured: a Birkin bag)

The MetaBirkins all have the Birkin design and shape, but he makes them in different colors and patterns, mostly fur

The MetaBirkins all have the Birkin design and shape, but he makes them in different colors and patterns, mostly fur

“To me, there’s nothing more iconic than the Hermès Birkin bag,” Rothschild said, explaining that the project is an “experiment” about transferring “illusion” into a “digital commodity.”

“To me, there is nothing more iconic than the Hermes Birkin bag,” said Rothschild yahoo Last year. “And I wanted to see it as an experiment to see if I could create the same kind of illusion that it has in real life as digital merchandise.

“And I feel like I’ve kind of accomplished that with the stats that we kind of have today is to be able to pull together this kind of digital product that everybody loves, to bringing it into the digital world with this metaverse intro and seeing how it works and how it plays into the hands of the community, selling it to that, keeping that shortage of 100 total bags and seeing what the community in fact.

But Hermès was unimpressed with the Rothschild sale and contacted NFT platform OpenSea to accuse the creator of “flagrant violation of [its] intellectual property.’

On January 14, they filed a lawsuit, accusing Rothschild of copyright infringement and profiteering from their trademark.

“There is no doubt that this success stems from its confusing and dilutive use of famous Hermès trademarks,” the lawsuit alleges.

Rothschild insists his work (pictured) is protected by the First Amendment

Rothschild insists his work (pictured) is protected by the First Amendment

But Hermès was unimpressed with the Rothschild sale and contacted NFT platform OpenSea to accuse the creator of

But Hermès was unimpressed with the Rothschild sale and contacted NFT platform OpenSea to accuse the creator of “flagrant violation of [its] intellectual property’

“I do not create or sell fake Birkin bags. I have made artwork that depicts imaginary Birkin bags covered in fur,’ says Rothschild

The brand also claims that the artist “seeks to immunize himself against the legal consequences of his appropriation of the famous brands of Hermès by proclaiming that he is only an artist”.

“Although a digital image connected to an NFT may reflect some artistic creativity, just as a t-shirt or greeting card may reflect some artistic creativity, the title “artist” does not confer a license to use,” they said.

Rothschild, however, disagrees and retaliates.

“Hermès’ allegations are baseless and we look forward to dismissing them in court,” he said in a statement on Instagram.

“I do not create or sell fake Birkin bags. I have made artwork of imaginary fur-covered Birkin bags.

“The First Amendment gives me the right to make and sell artwork depicting Birkin bags, just as it gave Andy Warhol the right to create and sell artwork depicting Campbell’s Soup Cans. “

The creator of NFT compares his NFTs to Andy Warhol's pop art paintings of Campbell's soup cans and shared this letter from Campbell praising Warhol

The creator of NFT compares his NFTs to Andy Warhol’s pop art paintings of Campbell’s soup cans and shared this letter from Campbell praising Warhol

He even shared a letter from a former Campbell product marketing manager to Andy Warhol saying he “admired” his work and sent him free soup.

This post was liked by Reese Witherspoon.

“I also have the right to use the term ‘MetaBirkins’ to accurately describe what this art represents and to artistically comment on these bags and the Birkin brand,” he continued.

“The fact that I am selling the art using NFTs does not change the fact that it is art. It is clear from reading Hermès’ complaint that they do not understand what a NFTs or what NFTs do,” he said.

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