In June 2023, a unanimous eight-person civil jury in the U.S. District Court for the Southern District of New York ruled in favor of Hermès, granting it a permanent injunction, effectively prohibiting Rothschild from marketing the Birkin NFTs and utilizing the MetaBirkins domain. Rothschild’s defense — that the NFT collection constituted protected artistic expression under the First Amendment — was rejected by the court. The court held that Rothschild “intentionally misled consumers into believing Hermès was backing his products” and sought to “cash in on the Birkin name.” The court emphasized the necessity of safeguarding valuable NFT assets through intellectual property law.