Second Circuit Court Divided on “MetaBirkins” NFT Trademark Dispute with Hermes

In a legal dispute indicative of contemporary challenges in trademark law, a Second Circuit panel exhibits divergent views regarding a case involving “MetaBirkins,” non-fungible tokens created by a Los Angeles man. The central issue lies in whether these NFTs infringe upon the iconic handbag trademarks owned by French luxury brand Hermes International. During proceedings on Wednesday, the panel seemed to split, with two judges potentially aligning with the arguments presented by Hermes, while another judge leans towards the defense put forth by the artist responsible for the “MetaBirkins” project. For more on the specifics of this case, additional insights are available through Law360’s coverage.