Hermès just got the ‘MetaBirkin’ NFTs permanently banned: the French luxury house won its US lawsuit against artist Mason Rothschild, deemed to be ‘defrauding’ consumers by using the trademark

Jun 28 , 2023

The controversial MetaBirkins created by artist Mason Rothschild. Photo: @masonrothschild/Instagram

The jury concluded that NFT creator Mason Rothschild’s ‘MetaBirkins’ violated trademark rights, with the judge commenting that continued sales would cause Hermès irreparable harm

The artist’s 100 NFTs were associated with images depicting the prized Birkin handbags covered in colourful fur, which created the false impression that the luxury house had endorsed the tokens

The battle is finally ending between the French luxury house and NFT creator Mason Rothschild.

A Manhattan federal judge on Friday granted Hermès’ request to permanently block Rothschild’s sales of “MetaBirkin” non-fungible tokens following a jury’s verdict that they violated the French luxury house’s trademark rights in its famed Birkin handbags.

The logo of the French luxury goods house Hermès outside a shop in the fashionable district near Rue du Faubourg Saint-Honore in Paris. Photo: AFP

US district judge Jed Rakoff said the permanent injunction was justified because Rothschild’s continued marketing of the NFTs would likely confuse consumers and irreparably harm the company.

Rakoff denied Rothschild’s requests to throw out the verdict or hold a new trial.

“Defendant’s entire scheme here was to defraud consumers into believing, by his use of variations on Hermès’ trademarks, that Hermès was endorsing his lucrative MetaBirkins NFTs,” Rakoff said. “Nothing in the First Amendment insulates him from liability for such a scheme.”

Representatives for Hermès and Rothschild did not immediately respond to requests for comment on the decision.

A MetaBirkin created by artist Mason Rothschild. Photo: @masonrothschild/Instagram

NFTs are unique tokens on blockchain networks that are often used to verify ownership of digital art. Hermès sued Rothschild last year over his MetaBirkins, 100 NFTs associated with images depicting the luxury house’s prized Birkin handbags covered in colourful fur.

Hermès called Rothschild a “digital speculator” and the NFTs a “get rich quick” scheme that infringed its Birkin trademark and created the false impression that the fashion house endorsed the tokens.