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Mason Rothschild, the creator of the contentious MetaBirkins NFT, has been prohibited from displaying the works at a museum exhibition for Stockholm’s Spritmuseum following Hermès’ victory in a trademark lawsuit against him, as indicated by court documents dated March 13.
Judge Expresses “Deep Concerns” Over Spritmuseum’s MetaBirkins NFT Exhibition
Rothschild, also known as Sonny Estival, was deemed liable for trademark infringement last month after the French luxury brand Hermès initiated legal action regarding the MetaBirkins NFT project.
Rothschild asserted that the project, which featured the renowned Birkin bag from the designer brand on NFTs, was well within his rights to create.
In June of the previous year, Hermès was granted a permanent injunction against the digital artist, effectively prohibiting him from incorporating the company’s trademark in his creations.
MetaBirkins: Collection One
Now available on @rarible
https://t.co/G2GNpF431k pic.twitter.com/GR3xiDPgyZ
— MetaBirkins (@MetaBirkins) January 1, 2022
https://t.co/G2GNpF431k pic.twitter.com/GR3xiDPgyZIn January, Rothschild sought clarification on whether he could still exhibit MetaBirkins at the Swedish Spritmuseum in light of the injunction’s parameters.
As reported by ArtNet News, Spritmuseum had reached out to Rothschild in late 2023 to discuss the possibility of showcasing the MetaBirkins NFT on a screen within the museum. Both curator Mia Sundberg and art critic Blake Gopnik were called to provide testimony.
According to the court filing from March 13, U.S. Southern District of New York Judge Jed S. Rakoff rejected Rothschild’s request, citing “deep concerns” regarding potential trademark complications the exhibition could generate.
Trademark Rights Violation or Baseless Claims?
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The case has sparked a significant discussion about legal rights in the Web3 domain, with prominent figures in the crypto sector, such as the Chamber of Digital Commerce, going so far as to submit an amicus curiae brief in support of Hermès before the litigation’s outcome in early February.
“The fact that a company offers its goods in a digital space should not result in those products or that company receiving any less trademark protection than physical goods sold in the real world,” the Chamber of Digital Commerce stated, asserting that the case could “set a precedent for the entire digital economy.”
A statement in response to: Hermès International, et al. v. Mason Rothschild. pic.twitter.com/pil6brfGTl
— MetaBirkins (@MetaBirkins) January 17, 2022
Following the announcement of the lawsuit in January 2022, Rothschild took to X to defend the MetaBirkins NFT, labeling Hermès’ claims as “groundless.”
“I am not creating or selling counterfeit Birkin bags,” Rothschild stated. “I’ve produced artworks that portray imaginary, fur-covered Birkin bags.”
Rothschild Ordered to Pay Significant Damages
In addition to trademark infringement, Rothschild was found guilty of trademark dilution and cybersquatting, which involves registering domain names that closely resemble established brands and trademarks.
Rothschild has been mandated to pay $133,000 in damages along with $23,000 related to cybersquatting.
Cryptonews reached out to Spritmuseum for a statement but did not receive a response prior to publication.
The post MetaBirkins NFT Creator Barred from Museum Display After Hermès Lawsuit appeared first on Cryptonews.
