Hermès French luxury goods
manufacturer is suing Birkin Bag Imitators for trademark and trade dress infringement, unfair competition and dilution by
tarnishment. The case Hermès International v. Emperia, Inc. et al.,
14-CV-03522 (C.D. Cal. 2014), was filed on the 7th may against
Emperia, Inc., Anne-Sophie, Inc. and Top’s Handbag, Inc. for selling infringing
knockoffs of the iconic Hermès Birkin bag
to online retailers Charming Charlie and JustFab.
The Hermès Birkin bag, has been described as one of the most
famous handbags in the world and in 2012, Hermès unveiled
four new diamond-studded Birkin handbags, 2 years in the making, designed
by Pierre Hardy, each worth around $1.9 Million. The Birkin
handbag, has evolved
into a stylish symbol of wealth over the years. While a brand-new Birkin is
priced by the French fashion house at around $8,000,
some models are so expensive there is a waiting list. Some bags even come with
feet, like this bag that sold at auction for $125,000,
with the most expensive, the Hermès Diamond with Gold Birkin bag selling at
auction for $203,150,
last year.
Renowned and respected British fashion commentator
Colin McDowell in an article over at the Business
of Fashion, late last year commented that “astronomically priced products
are emblematic of exactly what’s wrong with the fashion business.” While, the
Goss-IPgirl is reserved to agree, whatever happened to what Tom Ford found – “and
we found after much research that, actually not much research, quite simple
research, that the counterfeit customer was not our customer.” In other words, that
luxury fashion brands are not that concerned in going after fast fashion counterfeit
retailers?
The Defendants accused handbags seen below sell at wholesale prices of between $15.00 and $20.00, and Hermès argue that by their actions the Defendants
have sought to take unfair advantage of the fame and reputation of the Birkin
Bag, by leading people to believe that Plaintiff has engaged in the licensing
of the design of its handbag in connection with inexpensive goods, so as to
tarnish Plaintiff’s reputation for quality and commercial integrity.
Despite the high price of
the Birkin Bag, Hermès argue that it
is generally recognised by consumers due to considerable coverage by the press
and its inclusion in story lines of television shows, such as Sex and the City. It
is argued by the French manufacturer, that because of the enormous sales,
extensive advertising and media coverage, the Birkin Bag’s has become so distinctive its shape has acquired secondary meaning and developed
into a famous trademark.
It is argued by the French brand, that the design configuration of the Birkin Bag has
become so well-recognised that the U.S. Patent and Trademark Office has determined
that it acquired sufficient distinctiveness to merit a registration.
The shape of the bag is a registered
trademark here.
According to the complaint, Emperia, began taking orders from the online
retailer Just Fabulous, Inc. (“JustFab”), which does business as JustFab.com, for a handbag which
closely imitated the design of the
Hermès Birkin Bag, shipping over 3000 units of this knockoff Birkin Bag to
JustFab. Despite allegedly receiving cease and
desist letters, and actual knowledge of the rights of Hermès in the
Birkin Bag trademark the Defendants continued to
expand and sell additional knockoff designs.
The Goss-IPgirl finds this yet another fascinating case for the world of IP and Fashion. Hermès is seeking injunctive relief,
damages, statutory treble damages, costs, and accounting of profits.
More on this case soon…
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