Reality prevails as Hermès trumps MetaBirkins – Trademark Infringement and Non– Fungible Tokens (NFTs) (Eversheds Sutherland)
In a first-of-its-kind case to focus on trademark infringement and dilution in the virtual world, a nine-person jury in Manhattan, New York has sided with the French fashion house, Hermès International S.A (“Hermes”) in its legal battle against Sonny Estival aka Mason Rothschild (“Rothschild”), the creator of the “MetaBirken” Non-Fungible tokens (“NFTs”).