Hermès owns various trademark registrations for the marks Hermès, BIRKIN, and in the configuration of its BIRKIN bag. Defendant Mason Rothschild, is a digital artist who created a METABIRKINS line of NFTs, digital art pieces that depict furry versions of the BIRKIN bag. The digital pieces are offered for sale at approximately 3 ETHER each, which at today’s exchange rate of $3350, is approximately $10K.
Rothschild uses the domain name metabirkin.com, social media handles such as @metabirkins, and names his store on marketplaces such as Raribles.com as METABIRKINS.
Hermès has now sued. for infringement, dilution, and cybersquatting.
There is an interesting Rogers Test (artistic relevance) issue in some of these NFT cases.
The Fashion Law coverage of the METABIRKIN dispute here.
Text of decision here: sdny hermes v rothschild complaint