French luxury firm Hermès International has asked Federal courts to prohibit Web3 artists Mason Rothschild from promoting non-fungible tokens featuring his “MetaBirkin” designs.
The news comes after Reuters reported on Monday jurors had decided that the artist had breached trademark rights on Hermès branded Birkin bags.
Hermès court filings revealed on Friday that the Web3 artist had continued to back his MetaBirkin NFTs, despite jurors finding him guilty of trademark infringement, dilution, and “cybersquatting,” Reuters said.
Due to the violations, courts forced Rothschild to pay Hermès $133,000 in damages and penalties. The French fashion boutique also ordered him to cease the “Birkin” trademark, MetaBirkin production, ownership, and earning funds.
Despite this, Hermès found that Rothschild still earned 7.5 percent in royalties for his MetaBirkin NFT sales whilst promoting the digital assets on his website and social media.
The company urged courts to launch a permanent injunction to block his actions, stating he “cannot be trusted [and made] repeated false statements.”
The filing added: “In light of the Jury Verdict on Hermès’s dilution and trademark infringement claims, the court may presume irreparable harm.”
It added that such presumptions were “warranted” as jurors found that Rothschild’s Birkin trademark violation was “likely to confuse potential consumers.” It also “intentionally designed to mislead consumers into believing” Hermès had associated with Rothschild’s MetaBirkins project, the filing said.
