French luxury fashion brand Hermès has once again won a copyright infringement lawsuit against artist Mason Rothschild after a US judge permanently banned all “MetaBirkin” token (NFT) sales.
Hermès filed a complaint with the U.S. District Court for the Southern District of New York in March. to suspend all MetaBirkin NFT sales
On June 23, U.S. Judge Jed Rakoff in Manhattanapprovedofficial request It questioned Rothchild’s continued marketing of the project.
“All of the Defendants’ schemes herein are to defraud consumers into believing them. By using variations on the Hermes trademark, this may indicate that Hermes is sponsoring his MetaBirkins NFT,” Rakoff said.
The MetaBirkin Collection consists of 100 NFT artworks depicting furry Birkin-style handbags, with Rothschild reportedly generating over $1 million in sales from the project.
The legal dispute began in January after Hermès accused Rothschild’s NFT collection of improper use of the Birkin trademark. And convinced customers that Hermès supported the project.
In February, a court ruled that Rothschild infringed on Hermès trademarks, with the artist ordered to pay $133,000 in damages.
Rothschild has argued that his project is an artistic expression protected by the First Amendment. In the same way that allowed Andy Warhol to legally create and sell art featuring Campbell’s soup cans.
The artist also insisted that he was clearly not deceiving consumers. Because he had shown a message explaining that Hermès had nothing to do with it.
However, the judge and jury also denied this, because “the jury found his decision to use the Hermès trademark in the MetaBirkins NFT name and design — not just a marketing and sales tactic — but a fraud. clearly and rejected the excuse of his denial of responsibility.”
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