MetaBirkin NFT Artist Seeks New Judgment After Loss to Hermès

The digital artist behind the MetaBirkin nonfungible token project asked a federal judge to throw out a jury’s verdict finding that he infringed the “Birkin” trademark owned by luxury brand Hermès International SA.

US District Judge Jed S. Rakoff gave the nine-person jury improper instructions that prejudiced the outcome, the Los Angeles-based artist Mason Rothschild argued in his Tuesday motion for a for a judgment overruling the jury in the Southern District of New York.

The court also improperly excluded the testimony of art critic Blake Gopnik from trial, an expert witness for Rothschild who would have argued that the ...