An NFT Creator Is Sued Over a Collection Resembling Birkin Bags
The creator and seller of a collection of digital NFTs that resemble Birkin bags took to social media after French luxury brand Hermès filed a lawsuit against him Friday, claiming the First Amendment gives him the right to make and sell art that depicts the bags “just as it gave Andy Warhol the right to make and sell art depicting Campbell’s Soup cans.”
“I’m not creating or selling fake Birkin bags. I’ve made art works that depict imaginary, fur-covered Birkin bags,” Mason Rothschild said on Instagram.
Hermès filed the lawsuit in New York’s Southern District Court Jan. 21 claiming trademark infringement and dilution. The suit called Rothschild “a digital speculator” and claimed he was trying to “rip off Hermès’ famous Birkin trademark by adding the generic prefix ‘meta,’” Women’s Wear Daily reported. Rothschild is represented in the case by Lex Lumina PLLC.
