Oct 24, 12:45 PM

U.S. Appeals Court Skeptical in October 23 Hermes v. Rothschild NFT Case Over MetaBirkins and Birkin Handbags

On October 23, 2024, a panel from the U.S. Court of Appeals for the Second Circuit heard oral arguments in the case Hermes International, Hermes of Paris, Inc. v. Mason Rothschild, concerning the artist's 'MetaBirkins' non-fungible tokens (NFTs). The court appeared divided on whether Rothschild should be held liable for infringing on Hermes' trademarks associated with its iconic Birkin handbags. Senior U.S. Circuit Judge Pierre Leval expressed skepticism regarding Hermes' previous trial win against Rothschild, who was accused of violating the luxury brand's rights through his digital NFT versions of the handbags. The outcome of this appeal could have significant implications for the intersection of art, digital assets, and trademark law.