U.S. Judge Bars ‘MetaBirkins’ Artist from Displaying NFTs at Swedish Museum

On Wednesday, March 13, 2024, U.S. District Judge Jed S. Rakoff barred designer Mason Rothschild, known for creating the “MetaBirkins” non-fungible tokens (NFTs), from displaying his artwork at a museum in Sweden. Judge Rakoff ruled that there was a high probability Rothschild would use the exhibition platform to promote products that infringe trademarks held by luxury fashion house Hermes International.

Last year, a Manhattan jury found Rothschild liable for diluting Hermes’ trademarks on its iconic Birkin handbags through the MetaBirkins NFT collection. The jury ordered Rothschild to pay $133,000 in damages, which he is currently appealing. Following the verdict, Judge Rakoff issued a permanent injunction prohibiting Rothschild from promoting, minting, or selling the MetaBirkin NFTs.

In his latest ruling, Judge Rakoff said Rothschild had asked the court to clarify if the inclusion of the MetaBirkins in an upcoming exhibit at Spritmuseum in Stockholm would violate the injunction. However, testimony from museum representatives indicated they did not actually discuss exhibit text with Rothschild as he had claimed. They could also not confirm whether disclaimers about the lawsuit verdict and injunction would be included.

Due to these contradicting accounts, Judge Rakoff determined there was a probability that Rothschild would continue misleading the public into believing Hermes supported the NFT images. He noted the jury had unanimously found Rothschild was a “straightforward swindler” who used his purported artistic persona to cloak an intentional attempt to defraud consumers.

Rothschild had proposed including a plaque explaining Hermes’ lawsuit and legal victory, but representatives from Spritmuseum did not corroborate any planned disclaimers. Given the lack of clarity and differing stories, Judge Rakoff decided there was too great a risk that Rothschild could leverage the exhibition to promote his enjoined products. He thereby prohibited Rothschild from displaying the infringing MetaBirkins works at the upcoming event in Sweden.

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