Nfts
Judge authorizes exhibition of “MetaBirkin” NFTs at Stockholm museum
Reversing course on a decision made in March, a U.S. district judge in the Southern District of New York ruled that “MetaBirkin” NFTs can be displayed in a museum exhibit in Stockholm this fall.
Tuesday’s decision by Judge Jed Rakoff constitutes the latest legal conflict between Hermes International and the artist “Mason Rothschild”. Last year, Hermès won its trademark infringement case against the artist, whose first name is Sonny Estival, for his “MetaBirkin”. NFT which are colorful non-fungible tokens inspired by the faux fur Birkin bag.
The French luxury house took him to court for creating and selling 100 “MetaBirkins” in November 2021. Hermès successfully challenged the NFT confused consumers, diluted the brand and impacted its projects under development. NFT. In their defense, Rothschild and his legal team had insisted that the two-dimensional digital tokens were a commentary on fashion’s fur-free initiative, an experiment aimed at replicating the luxury the perceived value of the purse and an act of artistic expression protected by the First Amendment.
Following last year’s unanimous decision by a nine-person jury, Rakoff issued a permanent injunction against Mason Rothschild from any further infringement of Hermès’ trademarks. In March, the U.S. District Court judge barred the artist from showing the digital tokens at an upcoming exhibition at the Spiritmuseum in Stockholm. This decision was based on “the lack of assurance that such use would not lead to further confusion as to whether Estival’s NFTs were sponsored or endorsed” by Hermès, according to the court order.
On Wednesday, Rakoff authorized the “MetaBirkins”o be featured in the Stockholm exhibition, provided that the artist and the museum agree to visibly disclose to museum visitors that a jury unanimously concluded that Estival had intentionally designed its NFTs to make people believe in public that they were in some way sponsored by Hermès.
It is not immediately known whether the artist, whose first child is expecting in the coming weeks, will travel to Stockholm for the opening of the exhibition. An oral argument date for his appeal in the Second Circuit Court has not yet been set, according to the artist’s attorney, Rhett Millsaps II of Lex Lumina.
Hermès’ lawyer, Gerald Ferguson of Baker Law, did not respond to a media request Wednesday, nor did two Hermès executives Wednesday.
Located in Stockholm on the island of Djurgården, the Spritmuseum bills itself as “dedicated to Swedish drinking culture” and as “the permanent home of the internationally renowned Absolut”. Art Collection.” The museum presents itself as offering pop-cultural, culinary and taste experiences.
At the evidence hearing in March, Mia Sundberg, of the Spritmuseum and curator of the Absolut Art Collection, testified that a disclaimer would be included in the broadcast. In a statement filed with the court in late April, she said the museum would prominently display wall text reading: “A New York jury unanimously concluded that Mr. Rothschild intentionally designed his NFTs to make people believe in public that it was in some way sponsored by Hermès, when in fact they were not.
Sundberg did not immediately respond to a request for comment Wednesday.
However, she indicated that the Spritmuseum would still like to display Rothschild’s “MetaBirkins” on a computer screen, as part of the exhibition curated by Blake Gopnik “Andy Warhol: A Portrait of Commerce,” when it bows in October. Sundberg told WWD in mid-March: “We do not want to cause further legal difficulties for Mason Rothschild. However, I am not sure that the American judge or Mason Rothschild himself can prohibit us from placing a computer in an exhibition in Stockholm and showing the images on the Internet, where they already exist for everyone to see.
This is not the only Birkin-related litigation Hermès is facing. Two California residents, Tina Cavalleri and Mark Glinoga, filed an antitrust complaint trial and unfair commercial practices against the luxury house for allegedly linking the purchase of its popular Birkin bags to the purchase of luxury Hermès clothing and accessories. At Hermès’ annual general meeting, executive chairman Axel Dumas was quoted as saying: “Obviously, we strictly comply with antitrust laws wherever we operate, and we will vigorously defend ourselves in this matter.” »
Shaun Setareh of Setereh Law, whose firm represents Cavalleri and Glinoga, declined to comment Thursday.
Named in honor of the actress and musician Jane Birkin, the Birkin was introduced in 1984 after she suggested the need for such an oversized luxury handbag to an Hermès executive on an international flight. Last year’s “MetaBirkins” essay provided a window into the luxury sector, including the fact that Hermès sells more than $100 million worth of Birkin bags each year, and has done so for a decade.