Hermès ‘MetaBirkin’ NFT Lawsuit Begins With Blow For Creator

Are MetaBirkin NFTs copyright infringement or artistic expression? A lawsuit filed by an 186-year-old luxury fashion house may set precedent

article-image

Shutterstock.com/sylv1rob1, modified by Blockworks

share

An NFT creator is battling French fashion giant Hermès over a set of MetaBirkin digital collectibles inspired by its famously expensive bags.

Courts have been tasked with deciding whether MetaBirkins’ issuer, Mason Rothschild, has infringed on Hermès copyright. 

To support their case, Rothschild had enlisted art critic Blake Gopnik, famous for penning Andy Warhol’s biography. Gopnik’s testimony supported the argument that the MetaBirkins NFTs represent free artistic expression, according to a report from The Fashion Law. 

But Rothschild won’t be allowed to present the testimony in court after all. Judge Jed S. Rakoff made the ruling on the first day of the trademark trial, a move that could ruin Rothschild’s chances of comparing his work to Warhol’s art, Bloomberg Law reported.

Rakoff reportedly permitted Hermès’ bid to exclude the expert testimony without providing much detail.

Hermès sued Rothschild one year ago, alleging his MetaBirkin NFTs violate its trademark rights by depicting them in colorful fur and advertising them. The luxury retailer has claimed Rothschild offered the NFTs at a Dec. 2021 Art Basel fair in Miami in a “get rich quick” scheme without seeking permission. 

OpenSea had delisted MetaBirkins by Jan. 2022, shortly after Hermès sent Rothschild a cease and desist, with the collection reportedly seeing $1.1 million in trade volume. The NFTs, of which there are 100, are still listed on LooksRare. They’ve generated 15.5 ETH ($24,350 at current prices) in sales volume via the platform, with 83 different owners.

Rothschild’s utilization of the Birkin brand is said to have misled consumers into believing the product is endorsed and sold by Hermès. The case is significant as it could shed light on how traditional trademark law could be applied to NFTs.

Loading Tweet..
MetaBirkin NFTs have sold as recently as November, often for as much as real Birkin bags

In the week before the trial, Hermès moved to inspire the court to exclude some of Rothschild’s proposed exhibits, including Gopnik’s testimony.

Hermès’ counsel further argued that Gopnik shouldn’t be allowed to testify because his opinions aren’t based on reliable data or methodology “to support his mere ipse dixit assertions,” and that his opinions “do nothing more than repeat Rothschild’s account of his own statements and actions.”

In his pre-trial testimony, Gopnik reportedly opined that Rothschild’s MetaBirkin NFTs fell under the same concept pioneered by Warhol called “Business Art.” 

Despite granting Hermès request, the judge reportedly criticized the luxury brand’s attorneys for explaining how NFTs work in a complex manner, saying that the jury was left baffled. 

Gopnik would have been the only person who could produce analytical comparisons of Warhol and Rothschild’s art.

Updated Feb. 2, 2023 at 4:38 am ET: Added sales context.


Get the news in your inbox. Explore Blockworks newsletters:

Tags

Decoding crypto and the markets. Daily, with Byron Gilliam.

Upcoming Events

Old Billingsgate

Mon - Wed, October 13 - 15, 2025

Blockworks’ Digital Asset Summit (DAS) will feature conversations between the builders, allocators, and legislators who will shape the trajectory of the digital asset ecosystem in the US and abroad.

Industry City | Brooklyn, NY

TUES - THURS, JUNE 24 - 26, 2025

Permissionless IV serves as the definitive gathering for crypto’s technical founders, developers, and builders to come together and create the future.If you’re ready to shape the future of crypto, Permissionless IV is where it happens.

Brooklyn, NY

SUN - MON, JUN. 22 - 23, 2025

Blockworks and Cracked Labs are teaming up for the third installment of the Permissionless Hackathon, happening June 22–23, 2025 in Brooklyn, NY. This is a 36-hour IRL builder sprint where developers, designers, and creatives ship real projects solving real problems across […]

recent research

Nick Compute (1).png

Research

2025 has facilitated unprecedented growth in generative AI adoption. By late 2024, over 71% of companies were using generative AI in some form, a massive jump from 33% the year prior. Tools like ChatGPT, Perplexity, and open-source models have proliferated, with potentially billions now leveraging AI chat bots. In Q1 2025, OpenAI’s release of the o3 & o4 models marked another leap, touted as a multimodal “reasoning” model capable of breaking responses into smaller components, testing different approaches, and validating solutions until reaching a final output.

article-image

Fineqia’s Matteo Greco says Circle’s targeting a valuation in line with market expectations to avoid a post-launch drop like Coinbase

article-image

The President’s son reportedly said his family may pursue legal action

article-image

One lets everyone see your trades. The other hides everything. Which design wins in crypto’s next perps arena?

article-image

Celebrating Bitcoin’s “zero to 1,000%” moment

article-image

K33 analyst Vetle Lunde warned of potential volatility ahead

article-image

The president wants Senators to hurry up and pass his sweeping tax and budget bill, as well as pro-crypto legislation