Luxury brand Hermes is seeking to prevent artist Mason Rothschild from selling or promoting his “MetaBirkin” non-fungible tokens (NFTs) following a jury ruling that found they infringed on Hermes’ trademark rights. Hermes is requesting that Rothschild no longer use the “Birkin” trademarks and that ownership of the MetaBirkins website, remaining NFTs, and income from token sales since the trial be transferred to the fashion house.
Despite the jury’s verdict, Hermes claims that Rothschild has continued to market and sell his NFTs. The company believes that court intervention is necessary to compel Rothschild to comply with the verdict. Rothschild’s lawyer, Rhett Millsaps, criticized Hermes’ filing, stating that it is an overreach and an attempt to punish Rothschild for his art. Millsaps plans to oppose Hermes’ motion.
NFTs are unique tokens on blockchain networks often used to prove ownership of digital art. In this case, Hermes sued Rothschild over his 100 MetaBirkins NFTs, which depicted the iconic Birkin bags covered in colorful fur. The fashion house accused Rothschild of being a “digital speculator” and labeled the NFTs a “get rich quick” scheme. Within a month of their introduction, over $1 million worth of MetaBirkins tokens were traded.
Rothschild, also known as Sonny Estival, argued that his artwork was a satirical critique of luxury goods and therefore protected by the First Amendment. However, a jury ruled in favor of Hermes in February, awarding the company $133,000 in damages.
Hermes claims that Rothschild continues to receive a 7.5% royalty on all MetaBirkin sales and has persisted in promoting the NFTs on the MetaBirkins website and social media accounts despite the verdict. The luxury brand argues that a permanent injunction is necessary to prevent further infringement on its intellectual property rights.
In addition to the trademark dispute, Hermes criticizes Rothschild’s credibility, accusing him of providing false statements during business dealings and the trial. The company argues that Rothschild’s behavior demonstrates a lack of trustworthiness.
The case, titled Hermes International v. Rothschild, is being heard in the U.S. District Court for the Southern District of New York under the case number 1:22-cv-00384. Representatives for Hermes have not yet commented on the matter.
Useful links:
– History of Hermes Bags
– MetaBirkins Website
