Hermès Says Trademark Lawsuit Win Over MetaBirkins NFTs Isn’t Enough
Mason Rothschild continues to promote MetaBirkins NFTs despite being found liable in Hermes’ trademark infringement case, lawyers argue
Source: Shutterstock / Camera Rules, modified by Blockworks
French luxury fashion house Hermès isn’t satisfied by winning its lawsuit against NFT creator Mason Rothschild. It’s now seeking a court order to permanently block Rothschild from selling MetaBirkins NFTs ever again.
If granted, Rothschild would be handed an even more drastic damage than the jury’s decision in February, when he was found liable for trademark infringement.
At the time, the nine-person jury awarded Hermès $133,000 in total damages and found that Rothschild’s NFTs aren’t protected speech under the First Amendment.
But it appears that compensation isn’t enough, with Hermès arguing its brand continues to suffer with interference into its own NFT plans.
“The BIRKIN handbag has become one of Hermès’s most iconic products, if not its most iconic product,” the brand’s lawyers said in a recent court motion.
Hermès argues that Rothschild promoted and sold the NFTs through channels like Instagram and Twitter under the name “METABIRKINS” beginning Nov. 2021 “with the goal to create a digital commodity.” And that he did so without authorization.
The fashion house further alleged that Rothschild duped friends and business associates regarding a potential collaboration with Hermès, claiming that the brand might assist with the NFT project.
His NFTs interfered with Hermès’ own NFT plans, which have been in development stage since Dec. 2019, lawyers said. And despite the verdict in Hermès’ favor, Rothschild continues to promote MetaBirkins NFT sales through social media, enabling him to earn royalties through such sales, they added.
Blockworks reached out to Rothschild for comment.
The same day as the verdict, on Feb. 8, Rothschild tweeted about a “broken justice system.” He also shared his posts on the MetaBirkins Discord server, which he uses to conduct his business, lawyers said, arguing that he continues to dispute against the jury’s decision.
“In addition, Rothschild still promotes the sale of METABIRKINS NFTs on the METABIRKINS website and METABIRKINS Instagram and Twitter accounts,” they said.
Hermès is now calling for a permanent injunction, a move to essentially stop Rothschild from promoting and selling the MetaBirkins NFTs altogether. Money damages are not adequate to compensate Hermès for the irreparable harm it has suffered, they said.
“Rothschild’s past and present conduct demonstrates he is likely to continue infringing Hermès’s trademarks if a permanent injunction is not issued,” they said.
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