Last January, a trial opened in the United States between the luxury goods brand, Hermès and Mason Rothschild, a recognized NFT artist. Hermès blamed the artist for developing MetaBirkin NFT, an NFT collection that pays homage to its famous handbags, Birkin. According to the accusing party, the Rothschild NFTs infringe the intellectual property rights of Hermès. Last month, the case had its epilogue with a decision condemning the artist to pay 133,000 dollars in damages. But all is far from over in this case.
New twist in the MetaBirkin NFT case
While we thought that the case between Hermès and the developer of the MetaBirkin NFT collection had come to an end, we learn of a new twist. Indeed, the artist behind the NFT collection would not have stopped the marketing of tokens. According information reported by ReutersHermès has asked a court to issue an injunction to block sales of the collection tokens.
“Mason Rothschild has continued to promote NFTs despite the recent judgment. We want the federal court to step in and force Rothschild not only to stop selling the digital assets, but also to transfer the NFTs he still owns to Hermès”Hermès said in its complaint.
However, for Hermès, things should not go as planned. Indeed, Mason Rothschild’s lawyer told our source that he plans to oppose the luxury brand’s request this week. This could open another legal drama between the two parties.
If despite its victory, Hermès adopts this posture, it is because the brand plans to launch itself into NFTs. Its lawyers claimed that leaving the MetaBirkin collection valid on the market could lead to confusion around the brand and its products. In the NFT industry, this case is still at the heart of the debate, as it could lead to controversial case law. It should be noted that like MetaBirkins, collections have borrowed elements of intellectual property from other entities.
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