New development in the Hermès case against the artist Mason Rothschild: After a lengthy back and forth between the parties involved, the legal dispute over the MetaBirkins is now entering the next round. In recent development, Rothschild has filed two briefs with the court to regain control of the situation.
Last month artist Rothschild had one Hermès lawsuit against him lost. Hermès had accused him of trademark infringement after he issued and sold a series of NFTs that bore a resemblance to the house’s famous Birkin bag. In a New York court, a nine-member jury ruled in Hermès’ favor, awarding the house damages and finding that Rothschild had benefited from the brand by creating the digital assets.
Now Rothschild hopes to turn the tables again with the two new proposals. One of the requests is a response to the Hermès Request for a Permanent Cease and Desist Order, which the French fashion house submitted last week. It asks the court to compel the artist to turn over to Hermès all materials related to the MetaBirkins artworks, including the website domain and social media accounts, because Rothschild would continue to benefit from the NFTs, the statement said.
Rothschild accuses Hermès of “dishonest behavior”.
Rothschild has moved to have the lawsuit dismissed in its entirety. His legal team called Hermès’ injunction “grossly unreasonable” and called the brand’s conduct “dishonest conduct.” Rothschild’s filing alleges that Hermès hired experts who made “false and misleading statements” during the initial testimony at the trial.
Also, Rothschild has filed a new application for a court decision that could potentially result in a new trial. In his motion, the artist has pointed out errors he believes the court made in referring the case to the jury and in the court’s decision to exclude art critic Blake Gopnik’s expert testimony. If the motion is granted, it could result in a verdict for Rothschild, regardless of the jury’s verdict, or an entirely new trial before the case goes to appeal.
This translated article previously appeared in English on FashionUnited.uk.