The BakerHostetler Hermès team notched another victory against the “MetaBirkins” designer, as detailed in an article by Law360 titled “Artist Can’t Exhibit ‘MetaBirkins’ NFT After TM Trial Loss.” Published March 14, 2024, the article details how a federal judge ruled that Mason Rothschild is barred from displaying his artwork at Spritmuseum in Stockholm, Sweden, because he would most likely use that venue to promote the NFT – which would be in violation of the injunction filed by the court after a jury found the token violated Hermès trademarks on its iconic Birkin handbags.
"As the jury unanimously found, defendant 'Mason Rothschild' (real name Sonny Estival) is a straightforward swindler who attempted to cloak his fraud by posing as an 'artist,'" U.S. District Judge Jed S. Rakoff said. "Based on the evidence before it, the court cannot conclude that Estival's request steers clear of the injunction's prohibitions."
Hermès is represented by the team of Partners Oren Warshavsky, Gerald Ferguson, Of Counsel Heather McDonald, Counsel Kristin Shapiro and Associates Francesca Rogo, and Megan Corrigan.