Judge granted Hermès’ request to suspend MetaBirkin sales.
Luxury French brand Hermès has filed a lawsuit against MetaBirkin NFTs. However, it was accepted to stop the sale of the NFT collection, which the company requested from the court.
Hermès’ Metabirkin Request Granted
French luxury fashion brand Hermès demanded that the sales of the NFT collection MetaBirkin be stopped as a result of the lawsuit it filed in the USA, and this request was accepted by the judge. Hermès won a victory in the infringement lawsuit against artist Mason Rothschild.
Judge Jed Rakoff agreed to Hermès’ request and was skeptical of Rothschild’s continued marketing of the project. The judge noted that Rothschild was trying to persuade consumers that Hermès was supporting MetaBirkin NFTs by using Hermes’ trademarks. Referring to the First Amendment, the judge stated that he would not relieve Rothschild of responsibility for running such a program.
The MetaBirkin collection consists of 100 NFT artworks depicting furry Birkin-style handbags, and Rothschild is said to have generated more than $1 million from this project. The legal dispute began when Hermès accused Rothschild’s NFT collection of improperly using the Birkin trademark. After the jury verdict, the court ruled that Rothschild had infringed the Hermès trademark and ordered the artist to pay compensation.
Rothschild argued that the project was artistic expression and had no affiliation with Hermès. However, the judge and jury stated that the use of the word “Birkins” was clearly misleading and infringed on Hermès’ trademarks.
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