Despite the MetaBirkin creator’s argument that the project qualified as artistic expression protected under the First Amendment, the defense ultimately proved unsuccessful.
Hermès International has secured a significant victory in its infringement case against artist Mason Rothschild, as a Manhattan judge has issued a permanent injunction on all sales of “MetaBirkin” non-fungible tokens (NFTs). The luxury fashion house had initially filed the request in March with the Southern District of New York to halt the sale of MetaBirkin NFTs.
On June 23, U.S. District Judge Jed Rakoff, based in Manhattan, officially granted the request to halt sales of “MetaBirkin” NFTs. In doing so, the judge expressed skepticism towards Mason Rothschild’s defense against Hermès’ lawsuit, particularly questioning the artist’s decision to continue marketing the project.
Judge Rakoff stated that the defendant’s intention was to deceive consumers and create the false impression that Hermès was endorsing the profitable MetaBirkins NFTs through the use of trademark variations. He emphasized that the First Amendment does not protect the defendant from liability for engaging in such a fraudulent scheme.
The MetaBirkin collection comprises 100 NFT artworks featuring furry Birkin-style handbags. It has been reported that Mason Rothschild has generated sales worth over $1 million from the project.
MetaBirkins 78 just sold for 2.3 Ether (≈$4,000) to @wyaricky on @LooksRareNFT! pic.twitter.com/8RPLukg8WY
— MetaBirkins (@MetaBirkins) September 12, 2022
The legal dispute between Hermès and Mason Rothschild started in January when Hermès accused Rothschild’s NFT collection of unauthorized use of its Birkin trademark and misleading customers into thinking that the brand was endorsing the project.
In February, the court rendered a verdict stating that Mason Rothschild had infringed upon Hermès’ trademark. A nine-member jury ruled in favor of Hermès, and Rothschild was instructed to pay $133,000 in damages. Despite Rothschild’s argument that his project was protected as artistic expression under the First Amendment, drawing parallels to Andy Warhol’s artwork featuring Campbell’s soup cans, the court did not find it a valid defense.
https://twitter.com/MasonRothschild/status/1623367118493257730?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1623367118493257730%7Ctwgr%5E6a2164f8ed16ebf30cf2102ba31455fc5fbece42%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fcointelegraph.com%2Fnews%2Fjudge-grants-hermes-request-to-halt-all-metabirkin-nft-sales
Furthermore, the artist contended that he had not deliberately deceived consumers since he had included disclaimers stating that there was no affiliation with Hermès.
However, both the judge and jury rejected this claim as well, raising questions about the use of the term “Birkins” in the artwork.
According to the court document, the jury determined that Mason Rothschild’s choice to incorporate Hermès’ trademarks in the name and design of the MetaBirkins NFTs, rather than just his marketing and sales tactics, was inherently misleading. As a result, they dismissed his disclaimer defense.
Important: This article is intended solely for informational purposes. It should not be considered or relied upon as legal, tax, investment, financial, or any other form of advice.
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