Judge Rakoff denies summary judgment in Hermes Int’l trademark lawsuit v. Mason Rothschild: MetaBirkins trial set for Jan. 30, 2023

  • Judge Jed Rakoff denied the motions of both sides in Hermes International v. Mason Rotschild. Rothschild sold “MetaBirkins” NFTs at Art Basel in 2021 when NFTs were booming. Rothschild created digital images of Birkin-shaped bags with fur and sold them as “MetaBirkins” NFTs, in reference to the metaverse.
  • You can read more about the dispute in our prior post.
  • The Court ruled:
    • “ORDER denying 59 Motion for Summary Judgment; denying 60 Motion for Summary Judgment. In this trademark action, plaintiffs Hermes International and Hermes of Paris, Inc. (“Hermes”) and defendant Martin Rothschild have each moved for summary judgment. After careful consideration of the briefing and oral argument, the Court hereby denies the parties’ motions for summary judgment. An opinion explaining the reasons for these rulings will issue by January 20, 2023, and the parties are reminded that trial of this case will commence on January 30, 2023. The Clerk is directed to close the motions (items 59 and 60) on the docket. SO ORDERED.
    • (Signed by Judge Jed S. Rakoff on 12/30/2022) (kv) (Entered: 12/30/2022).”
  • The Supreme Court’s decision in the current dispute in Jack Daniel’s Properties v. VIP Products, LLC is likely to affect the MetaBirkins dispute, especially on appeal.
  • What’s also interesting about this case is that Rothschild is represented by the new law firm Lex Lumina PLLC, formed by IP law professors:
  • Meanwhile, Hermes is represented by Baker Hostetler lawyers: