French luxury brand Hermes (Hermès) Sue the American artist Mason．Rothschild (Mason Rothschild) According to, latter "MetaBirkins" Non-homogeneous tokens (NFT) The project deliberately downplays its luxury brand logo. A jury in the United States District Court for the Southern District of New York sided with Hermes and said Rothschild's NFT Failed the art test.

Hermes will get 13. 3 Ten thousand dollars in damages.

"MetaBirkins" It's an online art project, Rothschild uses Hermes's famous platinum (Birkin) Bao and their devoted admirers. The bag he created was covered with fake fur. Speaking of the Birkin bags sold by Hermes, Rothschild said "Yahoo Finance (Yahoo! Finance) " , He saw the project as "An experiment, See if you can create the illusion that digital goods are the same as real life goods" .

Rothschild on the project of a single NFT Is priced as 125 dollar, The artist estimates that he made a profit from the series 12. 5 Ten thousand dollars. And according to Hermes, "MetaBirkins" In total, it brought about the covenant 110 Ten thousand dollars in income.

2021 years, Shortly after the project went live on a dedicated website, Hermes sent a cease and desist letter to Rothschild. Mr Rothschild responded: "I will not create 'MetaBirkins' And apologize, The work is a commentary on cruelty to animals in the fashion industry. "

He also said: "Art is art. " Hermes doesn't think so, In parallel 2022 years 1 File suit in December.

In order to make a ruling, Jade．Rakoff (Jed S. Rakoff) The judge asked the jury to pass the test to determine Rothschild's NFT Whether it belongs to artistic expression. The jury ultimately said these NFT Fail the test, This means that these NFT Not art, They're supposed to make the user think "MetaBirkins" It's not a Hermes product.

Earlier this month, Black art critic．Gopnik (Blake Gopnik) Was not allowed to testify as an expert witness, That suggests the verdict could move in that direction.

Although Rothschild's legal team said the case was potentially dangerous for artists, But its response to the ongoing NFT What does the project mean. One of Rothschild's lawyers was right "New York Times (New York Times) " According to: "Good days for big brands, For artists and "First amendment" It was a terrible day. "

The case is reminiscent of another one currently on trial NFT Relevant case. Reed the artist．Ripps (Ryder Ripps) fashionable "Bored Ape Yacht Club (Bored Ape Yacht Club) " Series production company Yuga Labs Go to court. YugaLabs Ripps said it infringed its copyright, namely "embezzle" "Bored Ape Yacht Club" Image and use it for your own NFT In the project. (Compiled from www. artnews. com)

translation: Rason group　proofread: Wang Dan

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