In December 2021, LA-based digital artist Mason Rothschild released a non-fungible token collection inspired by the Hermès’ bag called ‘MetaBirkin’
If there is an ultimate bag fashionistas want to get their hands on, it would be Hermès' elusive Birkin bag. First introduced in 1984, the bag was named after English actress and singer Jane Birkin. With its long waiting list, it became one of the most sought-after fashion collector’s items. Its most prestigious version is the Himalaya Birkin bag with white gold and diamond hardware, which was sold in a 2016 Christie’s auction for more than $300,000, that’s over 15 million in Philippine peso. But the brand’s champion piece got great competition in the market last year in the form of digital art.
In December 2021, LA-based digital artist Mason Rothschild (Sonny Estival in real life) released a non-fungible token (NFT) collection inspired by the Hermès’ bag called “MetaBirkins.” With a starting price of 0.1 ethereum, the collection garnered more than 200 ethereum. This pushed the French luxury goods manufacturer to file a case in January 2022, accusing the artist of “trademark infringement and dilution, and cybersquatting.”
According to reports, Rothschild said that his works are shielded by the right to artistic expression under the Constitution’s First Amendment.
“With that understanding, MetaBrikins is a playful abstraction of an existing fashion-culture landmark,” the artist wrote in his open letter. “I re-interpreted the form, materiality, and name of a cultural touchpoint. MetaBirkins are also a commentary on fashion’s history of animal cruelty, and its current embrace of fur-free initiatives and alternative textiles. My aim is always to create additive art projects that contribute positively to the culture.”
The Birkin bag-maker responded that “although a digital image connected to an NFT may reflect some artistic creativity, just as a T-shirt or a greeting card may reflect some artistic creativity, the title of ‘artist’ does not confer a license to use an equivalent to the famous Birkin trademark in a manner calculated to mislead consumers and undermine the ability of that mark to identify Hermès as the unique source of goods sold under the Birkin mark.”
On Feb. 8, a nine-person federal jury in New York City sided with Hermès awarding it with “some $133,000 in damages; Hermès’ expert put the total damages figure at about $250,000, a sum that includes the value of the MetaBirkins that Rothschild received,” as reported by The Fashion Law.
But it looks like the fight isn’t over for the artist. In a report by the Financial Times, Rothschild described the brand as “a multibillion-dollar luxury fashion house who says they ‘care’ about art and artists but feel they have the right to choose what art ‘is’ and who ‘is’ an artist” and noted that the case is “this is far from over.”
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