Rothschild argues that his work is protected against Hermès’ trademark infringement claims by the First Amendment, which situates his right to make art from interpretation. He goes on to suggest that by embuing his NFT art in different textures, this draws attention to fashion’s history of animal cruelty – something that Hermès should not be attempting to repress and silence. In terms of selling the art as an NFT, Mason points out that this is the 21st century equivalent of selling prints, essentially imploring Hermès to get with the times.

And, as much as it’s getting messy, we are inclined to agree. We get it, Hermès’ Birkins don’t need the advertising, but they do need the cultural capital and support from new generations if the legacy is to continue to thrive. In a business forged on exclusivity, this can extend to innovation. If world-renowned artists like Banksy can make international careers from what is essentially stencil work, brands are going to have to adapt to their products and what Mason described as “fashion-culture landmarks” being transformed into digital art, too.