Hermès International seeks permanent injunction for ‘MetaBirkin’ NFTs
DISPUTE CONTINUES: The legal battle between Hermes International and the artist known as Mason Rothschild took a new turn on Friday, as the luxury house filed a preliminary motion for a permanent injunction in Manhattan federal court on Friday to try to stop him from selling and promoting his “MetaBirkin” non-fungible tokens.
Hermès sued the 28-year-old artist, whose given name is Sonny Estival, for making and selling 100 MetaBirkins – colorful Birkin bag-inspired NFTs in faux fur – in November 2021. luxury the brand claimed NFTs confused consumers, diluted the brand and affected plans in the making NFTs. Rothschild and his legal team have insisted that the two-dimensional digital symbols were a comment on fashion’s fur-free initiative, an experiment in recreating luxury the handbag’s perceived value and an act of artistic expression protected under the First Amendment. The artist, who is also the co-founder of the progressive store, gallery and event space Terminal27 in Los Angeles, has been compared to pop art artist Andy Warhol.
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Last month, a nine-person jury in Manhattan federal court found Rothschild responsible of trademark infringement, brand dilution and cybersquatting. They also found that the First Amendment does not preclude liability. As for damages, Hermès will be awarded $110,000 for trademark infringement and brand dilution, as well as $23,000 in statutory damages for cybersquatting.
Executives at Hermès did not respond to a request for comment Monday regarding the latest action. A spokesman for Rothschild released an unsolicited statement Monday from one of his attorneys at Lex Lumina PLLC, Rhett O. Millsaps II, which read: “As plaintiffs, Hermes gets to file its argument first. This case is far from over. This latest filing is a gross assault by Hermes 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.”
It reiterated what Millsaps vowed after last month’s decision that an appeal was being planned. He also said at the time that all legal avenues will be pursued by Rothschild’s legal team. Asked if there was a timeline for when the appeal would be filed on Rothschild’s behalf, his spokesperson said Monday, “not at this time.”
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