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“As the jury expressly found, Rothschild, a self-described ‘marketing strategist,’ purposely sought (with some success) to confuse consumers into believing that his non-fungible tokens (‘NFTs'), labeled ‘MetaBirkins…’ were affiliated with Hermès’ iconic ‘Birkin’ trademarks,” Judge Rakoff wrote in a filing on Friday. Original Source
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For one, the project plans to collaborate with several NFT artists to design its rotating artwork. Collectors have the option to "freeze" their NFT's metadata on an artwork that they like, resulting in a collection with evolving rarity that will reveal itself over time. However, users will not know which
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On Feb 8, a jury trial in the Southern District of New York reached a verdict in Hermès' lawsuit against MetaBirkins. The court ruled that artist Mason Rothschild had violated the trademark protections of the brand Hermès. Rothschild's 100 "Metabirkins" NFTs were found to not be artistic commentary and therefore
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David Leichtman, Leichtman Law managing partner, told CryptoX TV on Tuesday that the case wasn’t necessarily about Mason Rothschild’s use of the protected Birkin brand. Rather, it was about whether he intended to mislead consumers into believing the MetaBirkin NFTs were associated with Hermès’ flagship product. Source
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