A BakerHostetler team secured an important new win for client Hermès International on Friday, when a federal judge permanently blocked artist Mason Rothschild from selling his MetaBirkin non-fungible tokens (NFTs).
The June 23, 2023, decision – made by Judge Jed Rakoff of the U.S. District Court for the Southern District of New York – comes just four months after BakerHostetler convinced a federal jury in the same court that Rothschild’s MetaBirkin NFTs infringed on trademarks protecting the name and appearance of the luxury Birkin bags made by Hermès.
In his decision, Judge Rakoff wrote that this permanent injunction was justified because Rothschild’s continued marketing of the NFTs would likely confuse customers and irreparably harm Hermès.
The BakerHostetler team responsible for both wins includes Partners Oren Warshavsky, Gerald Ferguson, Jason Oliver and Deborah Wilcox; Of Counsel Heather McDonald; and Associates Lisa Bollinger Gehman, Jessica Fernandez, Francesca Rogo and Megan Corrigan.
Read about the February 2023 win.