Spritmuseum Denies MetaBirkins NFT Display Due to Trademark Lawsuit
Mason Rothschild, the artist behind the controversial MetaBirkins NFT, has been prohibited from showcasing the pieces at a museum exhibition for Stockholm-based Spritmuseum after losing a trademark lawsuit filed by Hermès, according to court documents from March 13.
Spritmuseum Exhibition Raises “Deep Concerns,” Judge Says
Rothschild (also known as Sonny Estival) was found guilty of trademark infringement last month after Hermès sued him over the MetaBirkins NFT project. Rothschild argued that he had the right to create NFTs featuring Hermès’ Birkin bag. However, in June of the previous year, Hermès obtained a permanent injunction against Rothschild, preventing him from using their trademark in his work.
In January, Rothschild sought permission to display MetaBirkins at the Swedish Spritmuseum despite the injunction’s limitations. Spritmuseum had reached out to Rothschild in late 2023 to discuss exhibiting the MetaBirkins NFT on a screen inside the museum. Both Spritmuseum curator Mia Sundberg and art critic Blake Gopnik testified on behalf of the museum.
However, U.S. Southern District of New York Judge Jed S. Rakoff denied Rothschild’s request in a court filing on March 13 due to “deep concerns” about potential trademark issues arising from the exhibition.
Trademark Rights Violation or Baseless Claims?
This case has sparked a discussion about legal rights within the Web3 space. The Chamber of Digital Commerce, a prominent player in the crypto industry, even filed an amicus curiae brief in support of Hermès before the verdict was reached in February. They argued that digital products and companies should receive the same trademark protection as physical goods sold in the real world.
Rothschild defended his MetaBirkins NFT project on X, stating that Hermès’ allegations were “groundless.” He clarified that he was not creating or selling fake Birkin bags but rather producing artworks depicting imaginary, fur-covered Birkin bags.
Rothschild Ordered to Pay Damages
In addition to trademark infringement, Rothschild was found guilty of trademark dilution and cybersquatting. Cybersquatting involves registering domain names that closely resemble established entities and trademarks. As a result, Rothschild has been ordered to pay $133,000 in damages for trademark infringement and an additional $23,000 for cybersquatting.
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