The jury has spoken - Hermès has their Birkin trademark in the bag. It’s been over a year since Hermès sued Mason Rothschild in New York federal court alleging trademark infringement, trademark dilution, and cybersquatting in relation to Rothschild’s NFTs including images of the famous Hermès Birkin bags. Rothschild argued that the First Amendment gave him the right to make and sell his NFTs as "art” depicting Hermès’ Birkin bags. The jury was not convinced, finding that the MetaBirkin NFTs were more akin to a commodity than a work of art thereby preventing Rothschild from being shielded by the First Amendment. Had the jury gone the other way, finding the MetaBirkin NFT akin to artwork, Hermès’ Birkin trademark would be out of the bag and into Rothschild’s NFT universe. This decision demonstrates that U.S. courts are willing to hold digital uses of trademarks, such as in NFTs, to the same standard as more traditional mediums.