Odaily Planet Daily News MetaBirkins artist Mason Rothschild challenged the previous ruling on the NFT copyright infringement of the French luxury brand Hermes (Hermes).

Lawyers for Rothschild argue that a California judge wrongly ruled that artist Ryder Ripps infringed Bored Ape Yacht Club's trademark rights.
Rothschild maintains that the intangibility of his Hermès MetaBirkin NFT exempts it from the Lanham Act, the piece of legislation that governs copyright infringement.
He took issue with the recent ruling that Ripps illegally copied BAYC NFTs, which, despite being intangible, are still commodities under the Lanham Act.
He argues that the 2023 decision in the Dastar Corp v. Twentieth Century Fox Film Corp case confirms that the Lanham Act applies only to confusion about the origin of tangible goods, not works of art.
Lawyers for Hermès said Rothschild was merely reiterating arguments previously rejected by the California court in the BAYC case. The plaintiffs pointed out that Rothschild's view of the trademark would allow widespread infringement to exist.
According to previous news, the case between Hermes and Mason Rothschild was judged on February 8, 2023, and Hermes won the lawsuit against Rothschild's Metabirkins NFT series. The jury awarded Hermès $133,000 in damages. (BeInCrypto)