Hermès asks court to stop Mason Rothschild selling NFT MetaBirkin for intellectual property theft

French luxury fashion house Hermès International owns Require A New York court has barred NFT artist Mason Rothschild from selling or promoting the NFT MetaBirkin following a landmark grand jury verdict last month.

Hermès filed a lawsuit against Rothschild in January 2022, accusing the Los Angeles-based creator of stealing the company’s intellectual property to create an NFT collection of 100 versions based on the iconic Birkin bag company logo. After a lengthy legal battle, a nine-person jury ruled in favor of Hermès last month, awarding the brand $133,000 in punitive damages.

On Friday, Hermes asked US District Court for the Southern District of New York (SDNY) Judge Jed S. Rakoff to permanently bar Rothschild from selling, promoting or distributing NFTs using the company’s Birkin trademark.

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The fashion house also asked Rothschild to transfer control of any Metabirkin NFT he owns to an encrypted wallet designated by Hermès, and to transfer control of the MetaBirkins smart contract, MetaBirkins domain, and Hermès social media MetaBirkins Assembly.

The brand also asked Rothschild to pass on to them the royalties received from the MetaBirkins project. Hermès claims Rothschild is still collecting a 7.5% creator royalty on the NFT LooksRare marketplace.According to the above data ether scanthe last MetaBirkin NFT sale took place in November 2022 at a price of 1.2 Wrapped ETH (~$1,555), while the last transfer of MetaBirkin NFTs between wallets took place in December 2022.

Rothschild’s lawyer, Rhett Millsaps, called the document “a blatant act by Hermes to punish Rothschild for not liking his work.”

The lawyer said he and his team will submit a response on Friday.

“This case is far from over,” he added.

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According to Coindesk

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