NFT Maker Mason Rothschild is permanently banned from making or selling MetaBirkins NFTs after losing a lawsuit to French fashion house Hermès earlier this year. LizKNapolitano reports
A federal judge has permanently banned a non-fungible token maker from selling digital art collectibles fashioned after Hermes’ iconic Birkin bags, closing out a lengthy court saga that has served as a warning to NFT makers.
Judge Jed Rakoff, who presided over the case in the U.S. District Court for the Southern District of New York,Rothschild and his associates to abstain from minting or selling MetaBirkins NFTs or using online domains associated with the collection. He also doubled down on a jury’s findings that Mason Rothschild, the collection’s creator, attempted to mislead consumers about his digital art pieces’ connection to Hermes’ luxury bags.
“As the jury expressly found, Rothschild, a self-described ‘marketing strategist,’ purposely sought to confuse consumers into believing that his non-fungible tokens , labeled ‘MetaBirkins…’ were affiliated with Hermès’ iconic ‘Birkin’ trademarks,” Judge Rakoff wrote in a filing on Friday.The judge’s permanent injunction marks the final judgment in the months-long lawsuit. It is possible Rothschild can appeal the ruling, however.
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