According to the court filing submitted by Hermès on Friday, Rothschild kept promoting his NFTs even after a panel of nine people found him liable for trademark infringement, brand dilution, and “cybersquatting.”
Following a recent jury decision that found Rothschild had violated Hermes’ trademark rights in its well-known Birkin bags, Hermès International. The French luxury fashion house has requested a Manhattan federal court to prohibit artist Mason Rothschild from marketing or owning his “MetaBirkin” non-fungible tokens (NFTs), according to Reuters.
French luxury house Hermes International has asked a federal judge to block artist Mason Rothschild from promoting or owning his “MetaBirkin” non-fungible tokens after a jury found they violate Hermes’ trademark rights in its famous Birkin bags https://t.co/Qd5o7mTLN4 pic.twitter.com/Dn3QQ3NZdn
— Reuters Legal (@ReutersLegal) March 6, 2023
Reuters reported that Rothschild had continued to promote his NFTs. Even after a nine-member panel held Rothschild liable for copyright infringement. Moreover, trademark dilution, and “cybersquatting, “gave Hermes $133,000 in damages. This mentions in the court statement from Hermes on Friday. The luxury brand has therefore asked the court to order Rothschild to stop using the “Birkin” name. And turn over to Hermès the MetaBirkins website. The NFTs he still owns, and the proceeds of the token sales since the trial.
Mason Rothschild continues to get a 7.5% royalty for each sale of MetaBirkin NFTs, according to a recent court filing by Hermès. Also, has continued to promote them on his website and social media profiles even after the verdict in February. Hermès further stated that Rothschild had “shown that he cannot be trusted”. And, had “repeatedly made false statements” in business dealings and in court, requiring a permanent order to halt his conduct.
Rothschild has continued acting as he has since November 2021 —
brazenly violating Hermès’s intellectual property rights.
Rhett Millsaps, the lawyer for Rothschild, claimed on Monday that the filing was an “attempt by Hermes to punish Mr. Rothschild. Because they don’t like his work” and that it was a “gross excess.” Millsaps added that this week they would reject Hermès’ move.
The jury hearing in the Southern District of New York returned a decision in the legal dispute between Hermès. And MetaBirkins on February 8, as previously reported by Cointelegraph. The Hermès brand’s copyright rights had been violated, according to the court’s ruling against artist Mason Rothschild. The First Amendment of the United States Constitution was not considered to apply to the 100 NFTs of “Metabirkins” that Rothschild made. It is because they did not qualify as artistic commentary.