The court bans the creator of MetaBirkin’s NFT from display at the museum, citing trademark concerns raised by the Hermès lawsuit.
Mason Rothschild, the artist behind the controversial MetaBirkins NFT, has been banned from displaying the pieces in a museum exhibition for the Stockholm-based Spritmuseum after Hermès won a trademark case against them, according to court documents dated March 13.
The Sprit Museum’s MetaBirkins NFT display would cause “deep concerns”, says judge
Rothschild (also known as Sonny Estival) was found liable for trademark infringement last month after French fashion house Hermès sued him over the MetaBirkins NFT project.
Rothschild claimed that the project, which featured the designer company’s iconic Birkin bag on NFTs, was well within his rights.
Last June, Hermès obtained a permanent injunction against the digital artist, effectively banning him from using the company’s trademark in his work.
MetaBirkins: Collection One
Available now on @rarible 🚀🌞https://t.co/G2GNpF431k pic.twitter.com/GR3xiDPgyZ
— MetaBirkins (@MetaBirkins) January 1, 2022
In January, Rothschild tried to figure out whether he could still exhibit MetaBirkins at Sweden’s Sprit Museum, given the scope of the order.
According to ArtNet News, the Spirt Museum had contacted Rothschild in late 2023 to discuss exhibiting the MetaBirkins NFT on a screen at the museum. Both Spritmuseum curator Mia Sundberg and art critic Blake Gopnik were called to testify.
According to the March 13 court filing, U.S. Southern District of New York Judge Jed S. Rakoff denied Rothschild’s request, citing “deep concerns” about trademark issues the exhibit could cause.
Infringement of trademark rights or unfounded claims?
The case has sparked an interesting dialogue about legal rights within the Web3 space, with key players in the crypto industry such as the Chamber of Digital going so far as to file an amicus curiae brief in support of Hermès prior to the verdict of the lawsuit in early February. .
“The fact that a company offers its goods in a digital space should not result in those products or that company receiving less trademark protection than physical goods sold in the real world,” the Chamber of Digital Commerce said. a precedent for the entire digital economy.”
A statement in response to: Hermès International, et al. v. Mason Rothschild. pic.twitter.com/pil6brfGTl
— MetaBirkins (@MetaBirkins) January 17, 2022
Following news of the lawsuit in January 2022, Rothschild turned to X to defend the MetaBirkins NFT, calling Hermès’ allegations “baseless.”
“I do not make or sell counterfeit Birkin bags,” Rothschild said in a statement. “I have created artwork depicting imaginary fur-covered Birkin bags.”
Rothschild ordered to pay significant damages
In addition to trademark infringement, Rothschild was found guilty of trademark dilution and cybersquatting, the practice of register domain names very similar to established entities and trademarks.
Rothschild has been ordered to pay $133,000 in damages and $23,000 in cybersquatting charges.
Cryptonews.com has contacted the Spritmuseum for comment.
