In continuance of the METABIRKINS saga, Hermès has now doubled down on its claims by amending the complaint filed by it against Mason Rothschild, the creator of the METABIRKINS. In the amended complaint lodged by Hermès with a U.S. District Court, Hermès has maintained that Rothschild is running afoul of federal trade mark law as he is confusing the consumers about the source and/or nature of the METBABIRKINS non-fungible tokens (NFTs), while also diluting the “distinctive quality” of Hermès’ world-renowned handbags and its branding.
In furtherance of the initial complaint lodged by Hermès, Hermès alleged that by creating the collection of METABIRKINS NFTs and by using BIRKIN as part of its trade name, Rothschild has “simply ripped off its famous BIRKIN trade mark by adding the generic ‘meta’ to the famous trade mark BIRKIN, which simply means BIRKINS in the metaverse”.
In terms of relief, Hermès is seeking monetary damages, including Rothschild’s profits, and injunctive relief to bar him from making any further use of its trade marks.
It will be interesting to see how the Court will deal with matters involving trade mark holders and their rights in the ever-blossoming metaverse.