Hermès & ‘MetaBirkins’ Designer To Battle It Out At Trial
Photo 141420160 © Tea | Dreamstime.com
While the non-fungible token world has reached a stalemate, one of its most prominent episodes remains just as timeless as a classic luxury collectible.
At the height of NFTs, one artist had the idea to branch out into the luxury sphere using digital art. Mason Rothschild created MetaBirkins, a 100-piece series of extraordinary interpretations of the iconic Birkin bag, against the fashion house’s knowledge and consent.
In December 2021, Rothschild reported that the then-new collection had reaped as much as US$800,000.
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Hermès, immediately distancing itself from the project, announced it “did not authorize nor consent to the commercialization or creation” of Rothschild’s metaverse assets. Its aversion evolved into a lawsuit accusing the artist of piggybacking on its name and fame.
The two have since had a bag of bones to pick with each other. However, on December 30, 2022, US district judge Jed Rakoff dismissed both parties’ requests to immediately conclude the case.
As such, the battle of real v. virtual Birkins will head to trial on January 30, Business of Fashion reports.
In its earlier complaint, Hermès called Rothschild a “digital speculator” seeking an opportunity to “get rich quick” by exploiting Hermès’ Birkin trademarks. The artist argued that his artwork counted as free speech under the US constitution.
Nevertheless, both sides wanted to close their dispute quickly with summary judgments, meaning that the court would make a decision based on the documents submitted and not escalate the case into a trial.
Instead, Rakoff said a full trial will take place, and that the court will deliver an opinion detailing its decision to do so by January 20.
While luxury houses like Louis Vuitton and Gucci had bolted into the metaverse the moment it saw signs of life, Hermès has had firm reservations about making a presence in the digital realm—a decision that may have paid off, after all, considering how the value of NFTs has plummeted. Earlier, Hermès explained that it had no plans to dabble in digital offerings as it still prized the “tangible expression of handcrafted physical objects.”
[via Business of Fashion and Bloomberg Law, images via various sources]
