Hermès sued artist for creating digital versions of its Birkin bags
The luxury brand Hermès, whose high-end Birkin bags are the favorites of celebrities and socialites, has asked the plastic artist, Mason Rothschild, to stop selling a line of digital "MetaBirkins" and sued him, since the brand of Luxe filed a complaint against the creator in a New York Court calling the creator "a digital speculator looking to get rich quick."
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The Los Angeles-based digital creator launched MetaBirkin, a digital version of the iconic Hermès bag limited to just 100. The metaverse accessory has the same silhouette as the Birkin, but has a colorful pattern, Hermès bags can be bold but not so daring. As is often the case in these digitally obsessed times, it caused a stir in the fashion world and garnered coverage from publications like Elle.
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In the lawsuit filed this week, Hermès claims that Rothschild “is simply ripping off Hermès' famous Birkin trademark by adding the generic prefix 'meta'. There can be no doubt that this success stems from his confusing and dilutive use of famous Hermès trademarks.”
The brand also claims that Rothschild "seeks to immunize himself from the legal consequences of his appropriation of the famous Hermès trademarks by proclaiming that he is solely an artist." The lawsuit adds: "Although a digital image attached to an NFT may reflect some artistic creativity, just as a T-shirt or greeting card may reflect some artistic creativity, the title 'artist' does not grant a license to use."
Rothschild disagrees, comparing his use of the Birkin to Andy Warhol's famous use of Campbell's soup cans. "The Hermès claims are baseless," he said in a statement on Instagram.
“I am not creating or selling fake Birkin bags. I have made works of art… The First Amendment gives me the right to make and sell works of art depicting Birkin bags, just as it gave Andy Warhol the right to make and sell works of art depicting Campbell's soup cans.” .
In three open letters to Hermès, OpenSea, and the NFT "community," he defended his art, saying his NFTs are protected from any takedown claims due to fair use. He also chided the design house for not supporting artists like him.
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