A federal judge in Manhattan on Friday issued an order that permanently bars Mason Rothschild from selling his controversial MetaBirkins NFTs, granting one final request from the French luxury goods maker Hermés after the firm’s legal victory over Rothschild earlier this year.
In February, a jury sided with Hermés, which had accused Rothschild of violating the company’s trademark for Birkin handbags with his line of 100 “MetaBirkins” NFTs—digital tokens tied to pictures of fur-covered, patterned handbags.
“In effect, the jury found that Rothschild was simply a swindler,” Judge Jed Rakoff wrote in a filing. “Hermès proved that Rothschild intentionally misled consumers into believing that Hermès was backing its products.”
Hemés was awarded $133,000 in damages, determining Rothschild’s NFT collection is not a form of protected free speech. The order delivered Friday also permanently enjoins Rothschild on several fronts, significantly restricting the future use of MetaBirkins.
The order prevents Rothschild and associates from marketing, selling, and minting MetaBirkins NFTs, among other restrictions. It also prohibits Rothschild from making statements that could lead people to associate MetaBirkins with
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Author: André Beganski
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