NFT: Hermès wants to enforce the Court’s decision

From virtual to real – THE court decisions are one thing, apply is another. In everyday justice as in business, it can sometimes take time before the effective application of a verdict. In the case that concerns us today, an artist named mason rothschild was found guilty of using the image of the Hermès house without his permission. A few weeks later, nothing has really changed and the luxury brand is getting impatient. So she sends her lawyers to the news to stop the sales of NFT representing the famous bag Birkin.


A favorable decision for the French luxury house…

Last month, a New York judge ruled that the artist mason rothschild had violated the intellectual property rights of Hermès. He had in fact created and sold NFT MetaBirkin inspired by Birkin bags. Rothschild was ordered to pay $133,000 damages, but above all, he had to stop selling his creations on NFT platforms. Creations which would have brought him the modest sum of $125,000.

As a reminder, mason rothschild claimed during the trial to use the notoriety of the mark to talk about the animal cause. Indeed, using the recognizable design of the bag Birkin and by covering them with colored furs, he wished to convey a political message. As such, moreover, he relied on the first amendment to the American constitution to assert his freedom of expression.

A month after the New York court decision to ban artist Mason Rothschild's NFTs, it seems that he doesn't care.  According to lawyers for Hermès, it continues to sell its NFTs.
The New York court has made a decision but its application seems delicate

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…but the artist doesn’t seem willing to respect it!

But the judge decided otherwise and sentenced him. However, the lawyers from Hermes claim that the artist continues his activities almost as if nothing had happened. Hermès demands that the federal court intervene and immediately put an end to these sales, which are deemed to be illegal. And while we’re at it, the artist would also have to pass on all the NFT that he has left at the luxury house.

The lawyer of mason rothschild plans to oppose this injunction, or so he told the media who questioned him about it. Beyond the particular case of this dispute, the court’s decisions could create a precedent and have a lasting impact NFT law.

Are the NFT fall under theart ? Intellectual property? In what proportion? Is drawing inspiration from an element of popular culture the same as making counterfeit ? So many questions to which the courts will have to respond in the future, as the virtual invites itself into the real. During that time, in Colombiait is the real that has moved into the virtual on occasion of an audience in the metaverse!

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