Hermes, a luxury company that is worth $162 billion, has sued Mason Rothschild, the creator of the MetaBirkins NFTs. The trademark fake suit was filed in New York. Apparently MetaBirkins appears to be a simple trademark infringement, but we are not sure. If brands want to protect their marks in the virtual world, they should protect digital objects.
a Hermès spokeswoman told the Financial Times on December 10: “Hermès did not authorise nor authorize to Mason Rothschild’s commercialisation or manufacture of our Birkin bag in the metaverse”. “These NFTs are a false Hermès product in the metaverse.”
In the other hand Hermès thinks the problem with MetaBirkins is that it may makes customers confused because they believe that MetaBirkins is an official Hermès product when it is really not. Then there’s the issue of money. According to OpenSea, the MetaBirkins collection has hit 230 ETH, or $936,000. Hermès will not see $1 million until it takes legal action.
Strangely Rothschild also complained in an interview and said that his designs were copied and sold. He discovered there were some faked NFTs before he dropped his own collection.