An American artist is prosecuted for NFT inspired by the Birkin bag of Hermès
Another controversy rages around the creation of NFT.The case now concerns the Birkin bag collection from the famous Hermès brand.
SponsoriséSponsoriséThe American artist Mason Rothschild is accused of having created non -fungible tokens (NFT) inspired by the handbags of the luxury brand Hermès.
SponsoriséSponsoriséIndeed, the brand did not appreciate this initiative and decided to prosecute the American artist in court.
The artist named the NFT Metabirkins collection, a clearly very evocative name, and began to sell them on websites specialized in digital art.
To get an idea of the situation, the NFT Metabirkins were available on the Opensea platform in December, where they sold between 5 and 25 ETH on the market.The real Birkin bags can cost between 40,000 and 500,000 dollars.
The American artist has created a collection of 100 NFT, with varied patterns ranging from peas to smileys, including impressions recalling the works of Vincent Van Gogh and La Joconde de Léonard de Vinci.
One of the allegations presented would be that Mr. Rothschild created digital art, which is sold as NFT, but that the brand's property cannot be counterfeit.The luxury house therefore accuses the artist of trying to take advantage of his products.
The artist for his part sent a very clear message to the French brand: “Although I apologize if you have been offended by my art, as an artist, I will not apologize for having created it. "
Mason Rothschild NFT lead to legal action
In the trial, Hermès requests that an injunction be placed on Mr. Rothschild's NFT and that all copies be destroyed.
"The Metabirkins of the defendant simply steals the famous brand Hermès Birkin by adding the generic prefix" Meta "to his name," said the legal representative of Hermès in New York.
This is the first affair in which a brand brought legal action concerning the use of its creations in the metarers, and the outcome of this case could serve as a guide to that artists can do or not with theNFT.
Similar disputes have already taken place, including a series of unauthorized NFT photos from the Olive Garden restaurant as well as the NFT of Quentin Tarantino from Pulp Fiction.
However, this conflict is not intended to stop there.For his part, Mr. Rothschild explained in a ticket that he did not sell, nor did not create false Birkin bags:
Hermès refused to comment on the legal development of the case.The Metabirkins collection has been withdrawn from the main Opensea market.
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