The creator of the MetaBirkins NFT project, Rothschild (also known as Sonny Estival), was prohibited from exhibiting his works in a museum after being found responsible for violating Hermès' trademark rights. Rothschild argued that his project, which depicted the iconic Hermès Birkin bag in NFT format, fully complied with his creative rights. However, in June last year, Hermès obtained a permanent court injunction, effectively prohibiting Rothschild from using the trademark in his works.
In January, Rothschild sought to find out if he could exhibit MetaBirkins at the Swedish museum Spritmuseum, considering the restrictions imposed by the court injunction. However, Judge Jed S. Rakoff of the Southern District of New York denied his request, expressing "deep concern" about potential trademark issues the exhibition could create.
This case sparked significant interest in the Web3 community, especially after the Chamber of Digital Commerce filed an amicus curiae brief in support of Hermès, emphasizing that digital goods should receive the same trademark protection as physical goods. Defending himself, Rothschild stated that he did not create or sell counterfeit Birkin bags but created artworks depicting imaginary bags.
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