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Mason Rothschild contests MetaBirkin’s NFT decision
In the latest twist in the ongoing NFT copyright saga, MetaBirkins artist Mason Rothschild is challenging Hermès NFT’s copyright infringement decision. Rothschild’s legal team argues that a precedent was wrongly set in a previous case involving artist Ryder Ripps and Bored Apes’ trademark.
What is Mason Rothschild’s argument?
Mason Rothschild argues that the intangible nature of his Hermès MetaBirkin bag NFT should exclude it from the purview of the Lanham Act, the legislation that currently governs copyright infringement. This argument challenges a recent decision that found Ripps guilty of illegally replicating Bored Ape NFTs. It suggested that even as intangible assets, these NFTs still constitute goods under the Lanham Act.
A cornerstone of Mason Rothschild’s case hinges on a 2023 ruling in Dastar Corp vs. Twentieth Century Fox Film Corp. In this case, Rothschild argues that the Lanham Act applies only to tangible goods and potential confusion as to their origin. Therefore, it claims, it excludes art.
He explains that Yuga Labs’ use of the ‘Bored Ape’ mark identifies the creators of the Bored Ape images. And that the NFTs convey unique ownership of the image.
However, Hermès lawyers have quickly rejected Rothschild’s argument. They stated that it merely reinstates previously dismissed claims from the Bored Ape case. The plaintiff emphasized that Rothschild’s interpretation of the trademark could potentially pave the way for widespread infringement.
What was the Hermès case about?
Earlier this year in February, Hermès convinced a New York jury that Rothschild had violated intellectual property laws with its MetaBirkins.
The MetaBirkins case has a significant bearing on the Bored Ape Yacht Club (BAYC) ruling last month. US District Judge John Walter ruled that Ryder Ripps and Jeremy Cahen had violated federal laws by using the Bored Ape logo to market counterfeit NFTs.
The duo was accused by Yuga Labs of generating $500 million through a pump-and-dump scheme selling fake Bored Ape tokens. They allegedly used Yuga Labs trademarks to build social media credibility for their collection.
As the legal battle unfolds, it is clear that Rothschild’s challenge could have profound implications. It could set rules for the rapidly evolving world of NFTs and digital art copyright law.
