French luxury fashion house Hermès International has asked a Manhattan federal court to prevent artist Mason Rothschild from marketing or owning his "MetaBirkin" non-fungible token, after a jury recently ruled that Rothschild infringed Hermès on its famous Birkin bags. trademark rights, according to Reuters.
Court documents filed by Hermès on March 3 said Rothschild continued to promote the company even after a nine-person jury found Rothschild liable for trademark infringement, trademark dilution and "squatting," according to Reuters. its NFT, and awarded Hermès $133,000 in damages. In light of this, the luxury goods company has asked the court to compel Rothschild to stop using the “Birkin” trademark and to hand over to Hermès the MetaBirkins website, the NFTs he still owns, and his post-trial token sale proceeds.
Mason Rothschild will still receive a 7.5% royalty on every sale of a MetaBirkin NFT, according to recent court filings by Hermès, even after the February judgment. Been promoting them on their website and social media accounts. Hermès added that the permanent injunction was necessary to stop Rothschild's actions because he had "shown that he cannot be trusted" and had "repeatedly made false statements" in business dealings and trials.
Rothschild's lawyer, Rhett Millsaps, said on Monday that the application was "a gross overreach by Hermès and an attempt to punish Mr Rothschild because they did not like his art." Millsaps further added that they will be in the Motion against Hermès this week. Southern District of New York jury verdict in lawsuit between Hermès and MetaBirkins. The court found that the artist Mason Rothschild infringed the trademark protection of the Hermès brand. The 100 NFTs of “Metabirkins” created by Rothschild were deemed not to constitute art criticism and thus not protected by the First Amendment of the US Constitution.
