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Mason Rothschild is continuing to fight for his MetaBirkins NFTs, despite losing his court battle against Herm\u00e8s. <\/strong><\/em><\/p>\n Mason Rothschild<\/a> is not giving up the fight. On February 8th 2023, Rothschild, and his MetaBirkins NFTs, were beaten by luxury brand Herm\u00e8s in court. Moreover, the jury ruled that his digital art was liable for trademark infringement, trademark dilution, and \u201ccybersquatting\u201d.\u00a0<\/p>\n Nevertheless, Rothschild, who will have to pay $133,000 in damages to Herm\u00e8s, is holding firm in his beliefs. The digital artist took to Twitter to express his disappointment with the decision. \u00a0<\/p>\n He said: \u201cA broken justice system that doesn\u2019t allow an art expert to speak on art but allows economists to speak on it. That\u2019s what happened today. What happened today was wrong. What happened today will continue to happen if we don\u2019t continue to fight. This is far from over.\u201d<\/p>\n \u00a0<\/em><\/p>\n The result of this case was not a surprise to some. For example, renowned blockchain and tech lawyer Michael Kasdan<\/a> believes that the result was fair.<\/p>\n He said: \u201cI\u2019m not terribly surprised the jury found for Herm\u00e8s. And I think it was probably the right result. Anecdotally, when people I knew heard or saw \u201cMetaBirkins,\u201d many did think \u201cOh, that\u2019s Herm\u00e8s.\u201d<\/p>\n However, Rothschild remains steadfast in his claims that his MetaBirkins work is artistic expression. Therefore, according to Rothschild, his art should be protected by the First Amendment of the United States Constitution.\u00a0<\/p>\n According to Herm\u00e8s, MetaBirkins NFTs confuse customers into believing that the luxury brand endorses the project.<\/p>\n Seemingly, the result of this case suggests that intellectual property in the real world will be closely guarded in the digital world.\u00a0<\/p>\nQuestions remain<\/h2>\n