Luxury retailer Hermès International will go to trial against digital artist Mason Rothschild over his sales of “MetaBirkin” nonfungible tokens, which depict the well-known Birkin handbag without authorization.
US District Judge Jed S. Rakoff in a one-page order on Friday denied both parties’ motion of summary judgment on whether Rothschild’s use of the Birkin bag image in his art caused consumer confusion and infringed on Hermes’ trademarks.
The jury trial will begin in the US District Court for the Southern District of New York on Jan. 30, 2023.
The case appears to be the first intellectual property dispute over NFTs—digital ...