An artist turned Hermès’ iconic Birkin bag into digital NFT artwork and reportedly made more than $1 million from the collection.
Hermès sued, arguing the MetaBirkins could confuse consumers and violate its trademark rights. The artist argued his work was protected artistic expression under the First Amendment.
A Manhattan federal jury ultimately sided with Hermès and awarded $133,000 in damages.
The case became one of the most closely watched trademark battles involving NFTs and raised a huge question: does a famous trademark get the same protection in the virtual world?
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