After several months of legal proceedings related to intellectual property, the case between luxury house Hermès and digital artist Mason Rothschild is finally reaching its conclusion. The case, titled “MetaBirkins: The Genesis of an NFT Case,” has been closely followed by the industry, shedding light on the complex intersection of art, fashion, and digital assets.
The story dates back to 2021 when Mason Rothschild collaborated with painter Eric Ramirez to create an NFT called “Baby Birkin,” inspired by the iconic Hermès handbag. The success of this NFT, which was sold for $23,500 on the Basic Space platform, prompted Rothschild to launch a series of 100 NFTs called “MetaBirkins,” featuring the famous it-bag.
However, Hermès quickly took offense to the initiative, alleging that it violated their brand image and intellectual property rights. Mason Rothschild countered by arguing for his right to freedom of expression. In 2022, Hermès filed a lawsuit against Rothschild in a New York court, seeking to halt the project, regain control of the domain name, and claim damages amounting to over one million dollars.
June 2023 marked a turning point in the case, as the court ruled in favor of Hermès. Mason Rothschild was ordered to pay $133,000 to the luxury house, based on three charges: counterfeiting, dilution of a trademark, and cybersquatting. The court also rejected Rothschild’s appeal, upholding the previous verdict that found him guilty. The jury emphasized that the artist had intentionally sought to confuse consumers, justifying the ruling.
In addition to the financial penalty, Rothschild is now prohibited from continuing to commercialize the MetaBirkins NFTs and from using the related domain name. The domain has been disabled and must be transferred to Hermès. Furthermore, the court issued a permanent injunction ordering Rothschild to return any royalties, income from resale operations, and other financial benefits deriving from MetaBirkins since the start of the trial. The deadline for restitution is July 15th.
Interestingly, it was initially revealed during the case that Hermès had not yet entered the NFT market. However, recent developments suggest that the luxury house has since made progress in this realm. While Axel Dumas, the managing director of Hermès, downplayed the significance of NFTs, referring to them as “communication tools,” reports indicate that the brand filed a trademark application with the United States Patent and Trademark Office last year, expressing intentions to explore metaverse and NFT applications.
This case serves as a reminder of the ongoing challenges surrounding intellectual property in the age of digital art. It highlights the importance of clearly defining ownership and protection of creative works within the digital realm. As the NFT landscape continues to evolve, it is crucial for artists, brands, and platforms to navigate these legal complexities to ensure a fair and equitable environment for all stakeholders.
Useful links:
1. Hermès Official Website
2. United States Patent and Trademark Office
