The company claimed this is an attempt to “rip off Hermès’ famous BIRKIN trademark by adding the generic prefix meta, which only applies to “virtual worlds and economies where digital assets such as NFTs can be sold and traded.”
The complaint filed was staged in a 47-page setting, it says that beginning from December 2, 2021, Rothschild has advertised the collection of MetaBirkins in the form of NFTs “using Hermès federally registered trademarks,” and the term it is globally recognized for ‘Birkin.’ He did so without the permission of the brand and is under violation of its trademark rights.
Hermès stated that the artist Rothschild and the NFT platform OpenSea were notified about the violation of intellectual property on December 16, 2021.
OpenSea removed the collection of Rothschild. However, Mason himself refused to stop selling MetaBirkins NFTs. The label claims that Rothschild is looking to build a market for the resale, trade, and exchange of his MetaBirkins NFTs”
Rothschild refused to cease his bag collection or to sell them on metabirkins.com. He did put up a disclaimer on his website stating:
The label claimed that
However, Rothschild didn’t stop his work and claimed that the First Amendment protects artistic work. The brand pushed back by asserting that such violations are not covered by law:
Rothschild replied to the brand by posting an open letter on his Instagram handle.
Who is Mason Rothschild?
Mason Rothschild is a Los Angeles-based interdisciplinary artist and designer. He is currently the creative director of the brand Terminal27. He is also a digit creator as an NFT and a proud owner of a corgi dog named Raf.
Rothschild gained notoriety for his “Art School Dropout” t-shirt collection. His merchandise comprised t-shirts with names of three US art schools, namely, Parsons, Central Saint Martins, and Antwerp.
Rothschild earned his undergraduate degree in audio engineering from California State University, Monterey Bay, in 2008 and has been working in the creative field since 2014.
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