Hermès Claims Victory, Rothschild Defiant

Mason Rothschild is continuing to fight for his MetaBirkins NFTs, despite losing his court battle against Hermès.

Mason Rothschild is not giving up the fight. On February 8th 2023, Rothschild, and his MetaBirkins NFTs, were beaten by luxury brand Hermès in court. Moreover, the jury ruled that his digital art was liable for trademark infringement, trademark dilution, and “cybersquatting”. 

Nevertheless, Rothschild, who will have to pay $133,000 in damages to Hermès, is holding firm in his beliefs. The digital artist took to Twitter to express his disappointment with the decision.  

He said: “A broken justice system that doesn’t allow an art expert to speak on art but allows economists to speak on it. That’s what happened today. What happened today was wrong. What happened today will continue to happen if we don’t continue to fight. This is far from over.”



Questions remain

The result of this case was not a surprise to some. For example, renowned blockchain and tech lawyer Michael Kasdan believes that the result was fair.

He said: “I’m not terribly surprised the jury found for Hermès. And I think it was probably the right result. Anecdotally, when people I knew heard or saw “MetaBirkins,” many did think “Oh, that’s Hermès.”

However, Rothschild remains steadfast in his claims that his MetaBirkins work is artistic expression. Therefore, according to Rothschild, his art should be protected by the First Amendment of the United States Constitution. 

According to Hermès, MetaBirkins NFTs confuse customers into believing that the luxury brand endorses the project.

Seemingly, the result of this case suggests that intellectual property in the real world will be closely guarded in the digital world. 

Defining moment

Rothschild is still lamenting the fact that he wasn’t able to bring in a key witness for testimony. Indeed, renowned art critic Blake Gopnik, who was ready to testify in favour of Rothschild’s argument, was excluded from proceedings. 

Rothschild said: “Take nine people off the street right now and ask them to tell you what art is, but the kicker is whatever they say will now become the undisputed truth. That’s what happened today.” 

A multibillion dollar luxury fashion house who says they “care” about art and artists, but feel they have the right to choose what art IS and who IS an artist. Not because of what they create but because their CV doesn’t scream artist with a pedigree from a world class art school. That’s what happened today.”


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