The case is not quite in the bag yet – If, following the legal action taken by Hermès that we were just talking about here, artist Mason Rothschild was ordered to pay $133,000 in damages and interest at the French house, the case is experiencing a new twist.
The French brand estimated may that devil Mason continue, post-conviction, to promote his bags” Metabirkin » and that he could receive income from the sale of his works. And this even though the court had responded favorably to Hermès’ arguments judging that these digital bags constituted a violation of the brand’s intellectual property.
Hermès will therefore ask Mason Rothschild to stop selling these NFTs with American judges, decision which should be accompanied by a penalty payment in order to force the hand of the artist who always highlights his fight for freedom of expression and the fight against animal suffering.
Although Mason has been particularly outspoken on social media, believing that it was not for the federal court to decide what is, or is not, arthis collection Metabirkin has not recorded a new sale since last December.
Will this case lay the groundwork for stronger regulation of the NFT sector in the future? Should digital art marketplaces be regulated and made to bear the risks associated with potential intellectual property infringements by their users?
Moreover, how to prevent the payment of new sales when these pass through a smart-contract? The European Union may have the answer ! We will of course keep you informed of the future course of the case and the repercussions that it could have on the middle of thedigital art.
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