Lex Lumina Defends Artist Mason Rothschild Against Hermès in Landmark Lawsuit Over MetaBirkins NFTs

On March 21, 2022, Lex Lumina filed a motion to dismiss on behalf of artist Mason Rothschild in Hermès International et al. v. Rothschild, 22-cv-384-JSR (S.D.N.Y.), urging the Court to dismiss luxury fashion house Hermès’ lawsuit against Mr. Rothschild, which alleges trademark infringement and other claims based on Mr. Rothschild’s MetaBirkins series of digital artworks connected to NFTs that were released in December 2021. As a writer in Wired pointed out, the case has far-reaching implications for First Amendment rights and artistic freedom:

“If the court were to determine that [Hermès’] monopoly extends to images like Rothschild’s, it would be a major loss for artists and all who value freedom of expression, a signal that the metaverse is likely to be treated less as a new frontier for human creativity and more as an annex-in-waiting for established business concerns.”

Jessica Rizzo, “The Future of NFTs Lies With the Courts,” Wired, Apr. 3, 2022.

Click to read Mr. Rothschild’s opening brief, Hermès’ opposition brief, and Mr. Rothschild’s reply brief.

Click to read or watch more coverage of the case from The Fashion Law, yahoo!, Bloomberg, The Brookings Institution, and Law360.