March 27, 2024
Hermès Lawsuit Results in Museum Ban for MetaBirkins NFT Creator

Hermès Lawsuit Results in Museum Ban for MetaBirkins NFT Creator

Mason Rothschild, the artist behind the contentious MetaBirkins NFT project, has been prohibited from showcasing his work at a museum exhibition in Stockholm after a trademark lawsuit filed by Hermès, court documents revealed on March 13.

Legal Battle Unfolds: Hermès vs. Rothschild

Rothschild, also known as Sonny Estival, faced legal action from French fashion giant Hermès over his MetaBirkins NFTs, which depicted the luxury brand’s iconic Birkin bag. Hermès accused Rothschild of trademark infringement, leading to a lawsuit last month.

Despite the legal challenge, Rothschild maintained that his project was well within his rights to create. However, Hermès secured a permanent injunction against him last June, preventing the use of the company’s trademark in his work.

Museum Exhibition Denied

In January, Rothschild sought permission to display the MetaBirkins NFT at the Swedish Spritmuseum. However, U.S. Southern District of New York Judge Jed S. Rakoff denied the request, expressing concerns about potential trademark issues arising from the exhibition.

The case has sparked discussions about legal rights in the Web3 space. Key industry players, including the Chamber of Digital Commerce, supported Hermès, arguing for consistent trademark protection across physical and digital goods.

In response to the lawsuit, Rothschild defended his work, stating that he was not creating or selling fake Birkin bags but rather producing artworks depicting imaginary interpretations of the luxury item.

Legal Ramifications and Penalties

In addition to trademark infringement, Rothschild was found guilty of trademark dilution and cybersquatting. He has been ordered to pay $133,000 in damages along with $23,000 for cybersquatting.

The outcome of this case underscores the complexities of intellectual property rights in the digital age, with implications for both artists and brands navigating the evolving landscape of NFTs and trademark law.


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