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The legal battle between artist Mason Rothschild and luxury label Hermès has reached a definitive conclusion, as a U.S. judge has permanently halted the sale of Rothschild's controversial "MetaBirkin" non-fungible tokens (NFTs).
Judge Jed Rakoff, based in Manhattan, issued the permanent injunction on June 23, effectively putting an end to the sales of MetaBirkin NFTs in accordance with Hermès' initial plea to the U.S. District Court for the Southern District of New York in March.
The MetaBirkin series, consisting of 100 unique digital art pieces depicting furry representations of Hermès' iconic Birkin handbags, had proven lucrative for Rothschild, amassing sales exceeding $1 million. However, the legal dispute erupted in January when Hermès accused Rothschild of misappropriating their Birkin brand name and misleading customers into believing that Hermès endorsed the project.
In February, the court ruled in favor of Hermès, determining that Rothschild had exceeded trademark boundaries. The artist was subsequently fined $133,000, with a nine-jury panel concurring on the violation verdict.
Rothschild argued in his defense that his project constituted artistic expression protected by the first amendment, drawing parallels to artist Andy Warhol's iconic Campbell's soup cans art. He also claimed that he did not intentionally mislead consumers, as he provided clarifications regarding the lack of association between his project and Hermès. However, both the judge and the jury rejected Rothschild's arguments, focusing on his use of the term "Birkins."
According to the court document, "The jury dismissed his disclaimer defense, asserting his choice to incorporate Hermès' trademarks in the name and design of the MetaBirkins NFTs, including his sales strategy, was overtly deceptive."
The ruling sends a clear message about the potential consequences of trademark misuse, even in the realm of digital art.
