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BRANDS June 2023

Epic battle: Hermes vs. Mason Rothschild: Who wins the war over MetaBirkins?

Hermès, the iconic French luxury fashion house, has taken a decisive step by permanently blocking MetaBirkins NFT creator Mason Rothschild, plunging the fashion world into a whirlwind of controversy and creativity.

MetaBirkins, a collection of 100 non-fungible tokens, has left a profound impression on the digital community since its launch in December 2021. The digital artist behind this innovative creation is Mason Rothschild, whose real name is Sonny Estival. Inspired by Hermès' iconic exotic leather bags, Rothschild intended to challenge textile conventions by introducing the idea of alternative materials, such as synthetic leather.

However, the audacity of this artistic expression was not without controversy. Hermès quickly argued that the artwork infringed on its intellectual property, and in January 2022, the fashion house filed a lawsuit against the talented creator. After a year-long legal battle, Hermès was ruled victorious in February, and Rothschild was ordered to pay $133,000 in damages.

But the story did not end there. In March, Hermès went to Manhattan federal court to prevent Mason Rothschild from promoting its MetaBirkins NFT collection on social media and on its own website. Finally, on June 23, a Manhattan federal judge issued an order permanently banning the creator from selling and promoting the collection. In a strong ruling, Judge Jed Rakoff stated that "Hermès proved that Rothschild deliberately misled consumers into believing that the mark endorsed its products."

In addition to the trademark rights victory, the company will receive $133,000 in damages. But the repercussions don't stop there. Mason Rothschild was also ordered to transfer the domain name of the project's website, "metabirkins.com," to Hermès.

MetaBirkins NFT and very limited leeway

This ruling not only prevents the artist from promoting and selling the MetaBirkins NFT, but also prohibits him from creating new artwork related to Hermès. Mason will not be able to provide additional benefits, such as airdrops, to existing holders, as this could incentivize the purchase of NFT. However, both the creator and the current owners will be able to keep the digital artwork, although Rothschild will have to airdrop the NFT holders the injunction as part of the conditions imposed.

This controversial legal battle has left a deep mark on the digital art world and reaffirmed Hermès' determination to protect its intellectual property and safeguard its legacy of luxury. Meanwhile, Mason Rothschild's visionary talent continues to challenge the boundaries of creativity, though he now faces new restrictions that mark a new chapter in his intrepid artistic journey.

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