MetaBirkin NFTs Still Being Sold Despite Legal Defeat

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  • MetaBirkins NFT creator Mason Rothschild is still earning money from his creations, despite losing a lawsuit over them
  • Last month he was found to have infringed the trademark of Birkin creator Hermès
  • Hermès has demanded that a court force him to stop earning royalties from his NFTs

Hermès International has petitioned a Manhattan federal court to stop artist Mason Rothschild from owning or promoting his MetaBirkin NFTs following its recent victory over trademark infringement. Hermès won the lawsuit last month when a jury agreed with it that Rothschild was making money using an Hermès trademark over the bag, but that hasn’t stopped the artist continuing to push the artworks. As a result, Hermès has asked the court to block Rothschild, real name Sonny Estival, from being able to profit from his creations any longer.

Rothschild Lost Court Case Over Birkin Trademark

Hermès filed a lawsuit against Rothschild last year regarding his MetaBirkins, which are NFTs featuring images of the brand’s famous bags covered in colorful fur. The company 

accused Rothschild of being a “digital speculator” and said that his NFTs were a “get rich quick” scheme based on someone else’s work, with over $1 million worth of the tokens traded in less than a month after their release.

Rothschild argued that the MetaBirkins were a satirical commentary on luxury goods and were protected by the First Amendment as art, using Andy Warhol’s famous use of brands in his defense, but a jury ruled in favor of Hermès in February and ordered Rothschild to pay $133,000 in damages.

Hermès Angry at Rothschild Royalties

However, this hasn’t stopped Rothschild from earning money from his now illegal creations. In a recent court filing on Friday, Hermès claimed that Rothschild still receives a 7.5% royalty for every MetaBirkin sale and has continued to promote the NFTs on his website and social media accounts even after the verdict was reached. It added that Rothschild had “continued acting as he has since November 2021 — brazenly violating Hermès’ intellectual property rights” and argued that a permanent injunction was needed to stop his conduct because he has “shown that he cannot be trusted,” alluding to the “false statements” he repeatedly made at trial.

Rothschild’s attorney Rhett Millsaps called the filing a “gross overreach by Hermès and an attempt to punish Mr. Rothschild because they don’t like his art,” adding that he will oppose Hermès’ motion this week.