The legal dispute between Mason Rothschild and Hermès has taken a new twist with the artist filing two additional documents in the case. Rothschild, previously known as Sonny Estival, has requested a fresh trial and is contesting the permanent injunction that prohibits him from creating and distributing his art. The core of the matter revolves around non-fungible tokens (NFTs) resembling Hermès’ renowned Birkin bag. The jury ruled that these NFTs violated the luxury brand’s trademark rights and possessed the potential to confuse consumers, resulting in Hermès being awarded $133,000 in damages for trademark infringement, dilution, and cybersquatting.
In response to this, Hermès has filed a motion seeking permanent injunctive relief. Their aim is to compel Rothschild to surrender all materials linked to the MetaBirkins NFT artworks, including the smart contract, website domain, and social media handles associated with the project. Rothschild’s legal team is opposing Hermès’ motion and has submitted a document requesting the imposition of a disclaimer, rather than a permanent injunction. They argue that incorporating a well-known brand into art is protected by the First Amendment, as long as it does not intentionally confuse the public.
To strengthen their argument, Rothschild’s legal team has referred to previous rulings. They highlight the Twin Peaks case, where a book written about the first eight episodes of the TV show was deemed fair use, and the Rogers test, which determines the artist’s intent to confuse customers. They also express concerns regarding the absence of an expert witness, art critic Blake Gopnik, who has been involved in art copyright cases in the past.
Throughout the legal battle, Rothschild has consistently expressed his refusal to back down, firmly believing in his First Amendment rights as an artist. Hermès, on the other hand, claims that Rothschild’s NFTs infringe upon their own plans to create similar digital art, highlighting the brand’s commitment to the arts through its various support programs.
Luxury brands like Hermès often demonstrate support for the arts, but they are also known to fiercely protect their trademarks. Choosing to depict the iconic Birkin bag as art was undoubtedly a risky decision, considering its status as one of the most iconic handbag designs worldwide.
The ongoing case between Rothschild and Hermès underscores the clash between art and copyright infringement in the digital realm, as well as the challenges that the metaverse poses with regards to establishing boundaries and laws. As the legal battle continues, it remains to be seen how the court will navigate these intricate issues and ultimately decide the outcome of the case.
