Hèrmes International has doubled down on its efforts to halt the sales of Mason Rothschild’s ‘MetaBirkin’ non-fungible tokens (NFTs) following a court case between the duo that saw a jury rule in favour of the French luxury house.
Last month, Hèrmes took Rothschild to court over the sale of the NFTs, which bear a resemblance to the brand’s real-life Birkin, claiming the artist intentionally meant to infringe with the goal of profiting off the business.
While Hèrmes won the case, determining that the NFTs did violate trademark rights and was subsequently awarded damages of 133,000 dollars, Rothschild’s scheme was reported to have raked in over one million dollars in NFT sales in less than a month after they were first introduced in 2021.
The label has now asked a Manhattan federal court to block Rothschild from promoting or owning the digital assets in light of the creator continuing to market the virtual Birkins.
In a court filing, the company further requested for the MetaBirkins website, the NFTs Rothschild still owns and his income from sales of the tokens to be transferred to Hèrmes, adding that he is receiving a 7.5 percent royalty for all MetaBirkins sales.
Hèrmes further alleged that Rothschild was continuing to “brazenly” violate the brand’s intellectual property rights, showing “he cannot be trusted”.
Speaking to Reuters, Rothschild’s attorney said he planned to oppose the motion this week, calling the filing a “gross overreach by Hèrmes”.