Hermes International S.A. is seeking to stop the sale of the MetaBirkin NFTs since the court has already proved that the digital asset infringed its trademark. The French luxury design house specializing in leather goods, lifestyle accessories, and more previously won the case against Mason Rothschild who has designed a non-fungible token depicting the brand’s popular Birkin bags.

It was called the MetaBirkin NFTs, and they have been selling well since its launch. However, Hermes sued the designer as the bags infringed the company’s trademark design, and it won the case after the jury determined that the NFT collection infringed on Hermes’ Birkin bags.

Now, despite its legal victory, Hermes said that Rothschild continues to sell the MetaBirkins non-fungible tokens. Thus the company is asking the court to permanently ban the collection from both offline and online markets.

As per Reuters, Hermes stated in a court filing late last week that the MetaBirkin NFT designer is still promoting and selling the NFTs despite the jury's verdict. It now wants the court to block Rothschild from even owning the MetaBirkin digital tokens since this is still a violation of its trademarks.

Moreover, the luxury brand is asking the court to force the designer to stop using the Birkin trademarks altogether and transfer the MetaBirkins NFTs, its website, and his earnings income from the sale of the digital asset to Hermes.

“Notwithstanding the verdict in Hermès’s favor, Rothschild continues to promote MetaBirkins NFT sales through various social media channels, and he will obtain a royalty from any such sales,” Decrypt quoted Hermes’ lawyer as saying. “Rothschild’s past and present conduct demonstrates he is likely to continue infringing Hermès’s trademarks if a permanent injunction is not issued.”

Meanwhile, in response to the new court filing made by Hermes, Rothschild's lawyer, Rhett Millsaps, described the move as a "gross overreach by Hermes and an attempt to punish Mr. Rothschild because they don’t like his art."

Millsaps said they would challenge the company’s motion this week. Hermes was asked to comment on this matter, but it did not respond to the request.

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