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Hermès claims that the artist, under the pseudonym Mason Rothschild, continues to promote NFTs despite the recent court ruling. In doing so, he receives a 7.5% royalty on sales. Hermès demands that all remaining NFTs be transferred to the fashion house.<br
U.S. District Judge Jed Rakoff said the permanent injunction should be effective because Rothschild’s continued marketing is likely to confuse consumers and cause irreparable harm to the company;
Rakoff rejected Rothschild’s requests to overturn the verdict or for a new trial.
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“The defendant’s scheme was to deceive consumers by using variations of Hermès’ trademarks to make them believe that Hermès supported its lucrative MetaBirkins,” the judge explained.
Hermès called Rothschild a “digital profiteer” and his collection a “quick enrichment” scheme that violated Birkin’s trademark rights and gave the false impression that the fashion house endorsed the tokens.
The lawsuit between Hermès and Rothschild began back in January 2022, when the fashion house filed a complaint against the Los Angeles-based artist for releasing the MetaBirkins NFT collection featuring the iconic Birkin bag.