Hermès seeks permanent block on artist’s MetaBirkin sales: despite losing his case, Mason Rothschild continues to promote the Birkin NFTs on social media – much to the brand’s frustration

Mar 7 , 2023

Hermès says Mason Rothschild receives a 7.5 per cent royalty for all MetaBirkin sales, and that he continues to promote them online. Photo: Instagram

French luxury house Hermès has asked a Manhattan federal court to block artist Mason Rothschild from promoting or owning his “MetaBirkin” non-fungible tokens after a jury found they violate Hermès’ trademark rights in its famous Birkin bags.

Hermès said in a court filing Friday that Rothschild has continued to market his NFTs despite the jury’s verdict last month. It asked the court to force him to stop using “Birkin” trademarks and to transfer the MetaBirkins website, the NFTs that he still owns, and his income from sales of the tokens since the trial to Hermès.

An Hermès Kelly 25 in white crocodile Himalaya bag. Photo: Handout

Rothschild’s lawyer Rhett Millsaps on Monday called the filing a “gross overreach by Hermès and an attempt to punish Mr. Rothschild because they don’t like his art”. He said they will oppose Hermes’ motion this week.

Representatives for Hermès did not immediately respond to a request for comment Monday.

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The fluffy MetaBirkins created by artist Mason Rothschild have enraged luxury brand Hermès. Photo: Instagram

NFTs are unique tokens on blockchain networks that are often used to verify ownership of digital art. Hermès sued Rothschild last year over his MetaBirkins, 100 NFTs associated with images depicting the bags covered in colourful fur.

The fashion house called Rothschild a “digital speculator” and the NFTs a “get rich quick” scheme, and said over US$1 million worth of the tokens had been traded in less than a month after they were introduced.

Mason Rothschild was compared to Andy Warhol by his lawyer, who drew parallels between MetaBirkins and Warhol’s Campbell soup and Coca-Cola artworks. Photo: @masonrothschild/Instagram

Rothschild, whose legal name is Sonny Estival, countered that the works are an absurdist statement on luxury goods and immune from the lawsuit based on First Amendment protections for art. A jury disagreed and ruled for Hermès in February, awarding the company US$133,000 in damages.

Hermès said in its Friday court filing that Rothschild receives a 7.5 per cent royalty for all MetaBirkin sales, and that he has continued to promote the NFTs on the MetaBirkins website and social media accounts since the verdict.

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“Rothschild has continued acting as he has since November 2021 – brazenly violating Hermès’ intellectual property rights,” Hermès said.

The company said a permanent injunction was needed to stop Rothschild’s conduct because he has “shown that he cannot be trusted”, alleging Rothschild had “repeatedly made false statements” in business dealings and at trial.

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Hermès

Despite a jury ruling against his right to sell NFT art based on Hermès’ famous Birkin bags, Mason Rothschild has continued to promote them on his MetaBirkins website, according to the brand
Hermès has since sought an injunction against the artist to prevent him from profiting further, but Rothschild’s lawyer called it an ‘attempt to punish [him] because they don’t like his art’