Hermès is suing the digital artist Mason Rothschild for making and selling handbag NFTs branded under the name “MetaBirkins” which are copying the famous Birkin handbag and brand. The claim was filed on January 14, 2022 before the US District Court for the Southern District of New York. In addition to damages, Hermès is requesting that an injunction be placed on Mason Rothschild’s NFTs, that all previously minted examples be destroyed, and that the domain be transferred to Hermès. The decision is expected to shed light on the criteria for determining trademark infringement in the metaverse.
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