By Matthew Russell Lee, Patreon Maxwell Book
SDNY COURTHOUSE, Dec 30 – Hermes has sued Mason Rothschild for using its Hermes Birkin name to market an NFT, METABIRKINS. Just added "meta" changes nothing, it says.
On April 8, U.S. District Court for the Southern District of New York Magistrate Judge Gabriel W. Gorenstein held a proceeding. Inner City Press covered it.
Judge Gorenstein said that all fact discovery must be completed by August 9.
The parties say a trial would take five days.
On May 4, after the case was reassigned from Judge Alison J. Nathan, now on the Second Circuit, to Judge Jed S. Rakoff, an oral argument was held by Judge Rakoff. Inner City Press covered it. The defendant argued that its products are art.
Jump cut to November 18, 2022, with Judge Rakoff's courtroom and jury box nearly full for an oral argument in the case. Inner City Press went and covered it:
Hermes lawyer is presenting his view of 2d Circuit's "Welcome to Twin Peaks" decision.
Judge Rakoff says readers of NYT and WSJ sould temper that with the New York Post. Counsel quips, At least for the sports section.
Judge Rakoff: My knowledge of the Metaverse is limited. But how can one wear this bag in the Metaverse? I'll send my next opinion not to the 2d Circuit but to the Metaverse. People are buying NFTs. I hope they are not using crypto currency
Hermes' lawyer says these NFTs can *only* be bought with crypto currency, notes that 'in lat ten days thos market has cratered" - but no direct mentoon of FTX
Wait- Hermes lawyer now does say FTX, calls customers 'less than sophisticated."
Lawyer for Mason Rothschild decries a "blizzard of red herrings."
Lawyer: Beyonce has sung about Birkin bags. It part of our culture. It is political.
Judge Rakoff: Buy the Meta-Birkin exposes the hollowness of weath?
Lawyer: Well, it is covered in goofy, garish fake fur. It's like Andy Warhol.
Judge Rakoff: So your client will donate his earnings to the poor? Lawyer: Well, he has a project about climate change
On December 30, Judge Rakoff 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)."
The case is Hermes International et al v. Rothschild, 22-cv-384 (Rakoff / Gorenstein)
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