That’s something people need to understand.īlake Gopnik: Yeah, it looks pretty much nothing like any real-world Birkin bag. The following is an edited transcript of their conversation.ĭavid Brancaccio: When you look at the image, first of all, it’s not just an Hermès designer Birkin bag that you see, it is altered by the artists. Marketplace’s David Brancaccio spoke with Gopnik about the case. Rothschild’s argument was that these are pieces of art, like Andy Warhol’s prints of Campbell’s Soup cans, and are therefore protected by the First Amendment.īlake Gopnik, an art critic who has written a book on Warhol and whose work appears in the New York Times, agreed with Rothschild and worked to help the defense.
You know, non-fungible tokens, those hard-to-forge certificates that say, “This is the original work.” The big luxury brand Hermès sued Rothschild alleging that his MetaBirkin NFTs, depicting the famous handbag made by Hermès, violated trademark law. The case in question is being called the first NFT trademark trial. District Court has ruled that digital artist Mason Rothschild’s non-fungible tokens of the fancy (and expensive) Birkin handbag broke trademark rules.
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