Artist in ‘MetaBirkin’ NFT Trademark Case Denied Early Appeal

Digital artist Mason Rothschild, who created “MetaBirkin” nonfungible tokens that depict Birkin luxury handbags, won’t be able to appeal a Manhattan federal judge’s ruling that prevents Rothschild from escaping Hermès International’s trademark lawsuit.

The case, one of the first to apply intellectual property claims to the world of NFTs, isn’t exceptional enough to warrant “immediate appellate review,” Judge Jed S. Rakoff wrote Wednesday for the US District Court for the Southern District of New York.

Both parties moved for summary judgment on Sept. 28 after discovery concluded five days earlier

Hermès sued Rothschild in January, claiming that consumers have incorrectly ...