Hermès, the French luxury brand behind the famously pricey ‘Birkin’ handbag, scored a legal victory over digital artist, Mason Rothschild, who produced an NFT titled MetaBirkin. A federal jury returned a verdict against the artist following a five-day trial, deciding that the artist violated Hermès’s trademark rights.
The jury awarded Hermès $133,000 in damages and also found the artist’s NFTs are not protected speech under the First Amendment.
The case was followed closely by the art world since it was the first major test of how NFTs, which have exploded in popularity in recent years, should be considered in the context of copyright law. So, all in all, not a very promising outlook for NFT artists.