After winning a lawsuit against Mason Rothschild Via MetaBirkin NFT, Hermes now seeks more control over digital collectibles with a new court order. On March 3, Hermès asked Judge Jed S. Rakhoff of the United States District Court for the Southern District of New York (SDNY) to permanently block Rothschild from any form of association with the brand. More specifically, we want artists to stop selling, promoting, and distributing digital collectibles related to the Birkin trademark.

Hermès filed a lawsuit against the artist in early 2022, alleging he stole intellectual property while creating an NFT collection that resembled Hermès’ iconic Birkin bag. The case dragged on for much of a year until the court ruled in Hermès’ favor. As a result, luxury brands were paid his $133,000 in damages.

Hermes wants to transfer to them everything related to the Metabirkin NFT

However, Hermès feels that this is not enough given the Rothschild meddling in future NFT plans. I am asking you to move.

The court order also states that the artist must assign all royalties received from the MetaBirkins project. According to Hermès, Rothschild still earns a 7.5% creator royalty when NFTs are traded on the secondary market.

A quick look at Etherscan data shows that the last sale of the MetaBirkin NFT was in November of last year and was priced at 1.2 Wrapped Ether, or $1.555. Meanwhile, his last transfer of these NFTs between different wallets he made in December.

The allegation was met with disgust by Rothschild’s legal team. His attorney, Rhett Millsaps, reversed the order. “A gross overreach by Hermès and an attempt to punish Mr. Rothschild for not liking his art.”

The team now plans to submit a response to the latest developments, and lawyers warn that the lawsuit is far from over.

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By Jules

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