Mason Rothschild, creator of MetaBirkin bag NFTs has invoked the First Amendment as the foundation of his right to create digital works, including NFTs.
The move comes after the French luxury conglomerate Hermes branded the so-called MetaBirkin bag NFTs as an infringement “upon the intellectual property and trademark rights of Hermes and are an example of fake Hermes products in the metaverse”.
Rothschild reportedly designed 100 MetaBirkins, creating a level of exclusivity not dissimilar to that of the original Hermes bag, which can be worth between $11,700 to $200,000. It featured brightly-coloured faux fur, patterns and even depictions of famous artworks including the Mona Lisa.
And while each MetaBirkin NFT was initially sold for a rather modest 0.1 ETH, prices have since skyrocketed to near real-Birkin levels, with some selling for as much as the crypto equivalent of $55,000.
Hermes confirmed it had sent a letter of warning to the creator and to the the well-known OpenSea marketplace in order to stop any further commercialisation of the NFTs.
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