The artist Mason Rothschild and his attorneys squared off again Wednesday with attorneys for Hermès about his alleged trademark infringement in federal court in New York.
During his cross examination Wednesday, Rothschild was shown a text where he described the MetaBirkins as “technically Metaverse ready.” He explained on the stand, “They are made in a 3D program but today they are 2D images…MetaBirkins are pictures of those 3D images in 2D.””project, how it was promoted, resold, named, an additional rollout that never happened and the artist’s reaction to the lawsuit.
The jurors and the rest of those in court saw posts by Rothschild that included images of other artists that had incorporated Birkin bags into their work including CJ Hendry and Barbara Segal . Numerous texts were shown regarding plans for an additional run of MetaBirkins and the possibility of introducing a faux fur-covered charm reminiscent of the leather “Rodeo” bag charm that Hermès sells. The latter would have been given to purchasers of MetaBirkins as a surprise gift that would have been dropped in their wallets. Both ideas were shelved after Hermes sued Rothschild in January 2021. Upon that happening, he got a lawyer and asked that they reach out to Hermès, he said.
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