Hermès International S.A., or simply Hermès, a French luxury design house, has filed a request with a Manhattan federal court to prohibit artist Mason Rothschild from possessing or advertising his “MetaBirkin” non-fungible tokens (NFTs), as reported by Reuters. This follows a jury’s decision that Rothschild had breached Hermès’ trademark rights in its well-known Birkin bags.
Reuters reported on Friday that Hermes’ court petition indicated that Rothschild continued advertising his NFTs even after a nine-member jury held him guilty of trademark infringement, trademark dilution, and “cybersquatting” and awarded Hermès $133,000 in damages. Hermès has requested the court to order Rothschild to stop using the “Birkin” trademark and surrender the MetaBirkins website, NFTs, and earnings from token sales since the trial.
According to a recent court filing by Hermès, Mason Rothschild is reportedly still earning a 7.5% royalty for every sale of MetaBirkin NFTs. Despite the February judgment, he has promoted them on his website and social media channels. Hermès stated that a permanent injunction was required to curb Rothschild’s behavior since he had demonstrated that he could not be trusted and made repeated false claims in commercial transactions and court proceedings.
Hermès states Rothschild has violated the company’s intellectual property rights since November 2021. Rothschild’s attorney, Rhett Millsaps, indicated on Monday that the lawsuit was an attempt by Hermes to punish Mr. Rothschild because they dislike his artwork. In addition, Millsaps stated that they would reject Hermès’ motion this week.
According to previous reports, a jury in the Southern District of New York rendered a judgment in the legal dispute between Hermès and MetaBirkins. The violation of Hermès brand’s trademark protections by artist Mason Rothschild was determined by the court. The court ruled that Rothschild’s 100 NFTs of “Metabirkins” did not represent creative commentary, hence not protected by the First Amendment of the United States Constitution.