Mason Rothschild, sued by Hermés over his MetaBirkins NFTs, brings WWD inside a landmark lawsuit that may set a new precedent for brands and artists in the metaverse.
The defendant and his legal team lay out the fundamentals of their argument and aim to clarify a few points as the case enters a new phase in its proceedings with arguments for a summary judgment.
So the whole idea behind MetaBirkins was a bunch of furry Birkins that were simulated fur. They’re not hurting any animals, because they’re digital, and speaking to the fact that things are fur-free, like, “Oh, if you wanted to get a fur product, but not attack animals and harm animals any types of way” … that’s kind of what it all stemmed from. And at the same time, there were a couple of different things going.
MetaBirkins describes what the images [show] and also that there’s no claim ever made by Mason that Hermés was the author or the creator of MetaBirkins. So given what discovery shows, the First Amendment should protect Mason’s art, Mason’s artistic speech against Hermés’ trademark claims. You know, artists have a right under the First Amendment to describe, to comment on what’s around them.
Hermés has had shifting positions throughout the case, and now they’re really shifting into absurd territory…. Hermés admits that they’re two-dimensional static images, [but] now they’re arguing that they are wearable in the virtual world, because for instance, you could make a MetaBirkin your profile picture, and they consider that to be wearable.You can look at the dictionary of what it means to wear something, it’s to actually have it on your person or your body.
WWD: Early on, Mason was quoted as describing the project — his second to feature the Birkins, after his previous Baby Birkin NFT project — as an experiment.
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