Hermès files to stop MetaBirkin NFT sale
Despite a jury verdict in February, one of the most high-profile legal battles involving non-fungible tokens (NFTs) is not yet dead. While the jury sided with Hermès in the case against MetaBirkin NFT’s creator Mason Rothschild, the French luxury brand is back in court, this time to block any sales or promotion of the NFT collection.
Rothschild’s legal battle with Hermes over the Metabirkin NFT collection led to the two arguing in court over whether the artist had infringed the company’s intellectual property rights. Rothschild argued that his collection was artistic expression protected by the First Amendment, while Hermès argued that he was infringing trademark protection.
In February, a jury in New York sided with Hermès and awarded the company $133,000 in damages.
Despite the jury’s ruling, Rothschild has continued to promote the MetaBirkin NFT collection, the company’s latest court filing alleges. He has also continued to benefit financially from the collection, earning 7.5% in royalties from each sale.
Hermès is seeking a permanent injunction, asking that Rothschild and his team be “permanently restrained and enjoined from directly or indirectly” making or selling NFTs using the Birkin trademark. Birkins are signature bags by Hermès named after the English actress Jane Birkin.
Hermès is further requesting that the court order Rothschild to transfer any MetaBirkins in his ownership to the company. It also wants to be handed over the collection’s domain name and social media pages.
Rothschild, whose real name is Sonny Estival, has until March 10 to respond. In a statement, his lawyer, Rhett O Millsaps II, criticized the latest move by the French company, describing it as a gross overreaction.
“As plaintiffs, Hermès may first submit its argument. This case is far from over. This latest filing is a gross assault by Hermès and an attempt to punish Mr. Rothschild because they don’t like his art, but what’s new? Mr. Rothschild will answer in court in due course, Millsaps said.
The legal battle between Hermès and Rothschild could have a significant impact on the future of IP rights in the NFT world. With February’s jury decision, the court set a precedent that in the future will allow brands to legally protect their IP against NFT-related infringement.
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