Hermès Stops Europe Exhibition Of MetaBirkin

Updated May 2, 2024:  U.S. Court allows the MetaBirkin to be included in an exhibition at Spritmuseum in Stockholm with certain conditions.

Specifically, U.S. District Court Judge Jed Rakoff, approved the MetaBirkin inclusion provided Rothschild (aka artist Sonny Estival) and the museum agree to “prominently disclose to museum visitors that a jury unanimously found that Estival had intentionally designed his NFTs to confuse the public into believing that they were in some way sponsored by Hermès.”

Judge Rakoff’s earlier decision denying permission for the display was based, at least in part, on concerns that the public might be confused about the relationship between the MetaBirkin and Hermès.

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While many of us were distracted by the class action lawsuit filed against Hermès in California, the legal battle between Hermès and MetaBirkin creator Rothschild (aka Sonny Estival) shifted across the Atlantic Ocean to Sweden. Rothschild had planned to exhibit his Meta Birkin digital tokens at the Spritmuseum in Stockholm.

Read: Hermès Sued For Allegedly Tying Birkin Sales to Other Purchases 

Just last year a jury in the U.S. District Court for the Southern District of New York found that Rothschild’s digital token MetaBirkins infringed on Hermès’ trademarks and were likely to cause confusion as to the source of these items. This was one of the first cases applying intellectual property rights in the digital world. A few months later the Judge issued a permanent injunction against Rothschild’s sales of the MetaBirkin digital tokens.

Read: Hermès Beat the “MetaBirkin” Creator in Court. Now What?

In light of the jury decision and court orders, Rothschild sought clarification from the judge in that case, Judge Rakoff, as to whether this exhibit in Sweden was permissible. Judge Rakoff said no, beginning his opinion with this:

“As the jury unanimously found, defendant “Mason Rothschild” (real name Sonny Estival) is a straightforward swindler, who attempted to cloak his fraud by posing as an ‘artist’ . . .”

In the end, Judge Rakoff rejected Rothschild’s arguments. Despite Rothschild’s claim that the museum “intends to include mention of this lawsuit in the exhibit’s description of the MetaBirkins artworks,” Judge Rakoff held.

“[T]here is little reason to expect that those visiting the exhibit would understand that [his] creation and distribution of MetaBirkins NFTs was a fraudulent endeavor in which Hermès had no part.”

U.S. District Court, Southern District of New York. Hermès Intl. v Rothschild, Opinion and Order (2024, March 13).

Judge Rakoff agreed with Hermès that since there were no details as to the extent of permissions Rothschild had or would be granting the museum or any related merchandising, this exhibit risked violating the injunction.

So if you’re planning a visit to Stockholm’s Spritmuseum, don’t expect to see the MetaBirkin digital tokens. But, you may find other fun exhibits. According to its website, “Spritmuseum is dedicated to Swedish drinking culture and is the permanent home to the internationally renowned Absolut Art Collection. The museum offers a wide range of pop-cultural, culinary and tasting experience.”