Hermès has lodged a legal petition to gain control of the MetaBirkins smart contract, social media channels, and revenue streams.
The renowned French luxury brand, Hermès has filed a petition in a New York court to prevent NFT artist Mason Rothschild from marketing or vending his MetaBirkin NFTs after a groundbreaking decision by a jury last month.
Hermès initiated legal action against Rothschild
In January 2022, Hermès initiated legal action , accusing the Los Angeles artist of appropriating its intellectual property to craft a non-fungible token (NFT) collection of 100 editions inspired by the brand’s iconic Birkin handbag.
After a protracted court dispute, a jury comprising nine members recently ruled in favor of Hermès, granting the luxury label $133,000 in compensation.
Last Friday, Hermès implored Judge Jed S. Rakoff of the Southern District of New York (SDNY) to permanently prohibit Rothschild from vending, promoting, or circulating NFTs that leverage the Birkin trademark belonging to the brand.
Additionally, Hermès requested that Rothschild transfer ownership of any MetaBirkin NFTs he holds to a crypto wallet authorized by the luxury brand. Moreover, the fashion house urged that he relinquish control of the MetaBirkins smart contract, domain names, and social media accounts to Hermès.
Hermès also demanded that Rothschild redirect any proceeds earned from the MetaBirkins initiative to the brand. Hermès alleges that Rothschild is still receiving a 7.5% creator royalty on the MetaBirkins NFTs sold on the LooksRare marketplace.
NFT transaction
Etherscan data indicates that the most recent MetaBirkin NFT transaction occurred in November 2022, with a sale price of 1.2 wrapped ether (approximately $1,555), while the latest MetaBirkin NFT transfer between wallets took place in December 2022.
Rhett Millsaps, Rothschild’s lawyer, labeled the legal petition “an excessive move by Hermès and an effort to penalize Mr. Rothschild simply because they disapprove of his artwork.” He informed CoinDesk that he and his legal team will submit a reply on Friday.
He further stated, “This lawsuit is far from being resolved.”
