The jury trial over trademark infringement and dilution between Hermés and the artist Mason Rothschild could potentially be a landmark one.
One of Hermés’ attorneys, Oren Warshavsky of BakerHostetler, stated Monday how the case came down to trademark infringement related to the nearly 40-year-old Birkin. To illustrate the craftsmanship for each bag, which requires 18 to 24 hours to make by one craftsperson, lawyers showed a few versions of the bags to members of the jury.
Jurors also learned how he is a first-generation American whose mother and father had relocated to California from the Philippines and Colombia, respectively. After graduating from high school at the age of 16, he worked in retail for streetwear brands and then luxury labels like Saint Laurent and Dior. In 2021, he and his fiancée Ericka del Rosario, who was in the courtroom Monday, opened the concept store Terminal 27 in Los Angeles to much acclaim.
Rothschild’s legal team insisted that he had created a flat digital “imaginary” fur-covered Birkin, and alleged that this multibillion corporation was trying to punish Rothschild because it didn’t like his art and is afraid what it might say about luxury culture. Above all, they said that the artist wanted to make art, money and a name for himself. His legal teams claimed Rothschild had reached out to some reporters who had mistakenly linked Hermés to the MetaBirkins to clarify.
A good portion of Monday’s testimony came from Chavez, who was unable to attend in person and pre-recorded his testimony earlier this month. He noted that the Birkin bag is the company’s most popular item and pretty much always has a waiting list. Hermés has sold more than $1 billion worth of Birkins in the past decade in the U.S. alone, taking in more than $100 million consistently each year. Birkins generally retail from $12,00O to $200,000.
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