We smelled this lawsuit coming a mile away, but it's still a bit sad to see Hermes chasing after such a small-time operator.
"Hermes created, manufactures and sells the iconic "Birkin" handbag. Through enormous sales, publicity and media attention, the appearance of the Birkin Bag has become immediately recognizable to millions of women. Defendant is selling cotton tote bags which bear on each of their surfaces, a color photograph of the corresponding surfaces of what appears to be a Birkin Bag. Defendant is simply riding on the reputation and recognition of the Birkin Bag to sell its otherwise generic tote bags. In so doing, Defendant is creating confusion among the public and is putting Plaintiff's reputation at risk," the lawsuit states.
Certainly there's a case for intellectual copyright here, but I find the idea that Thursday Friday's little tote might create "confusion among the public" laughable. Would anyone really mistake these $35 totes for the four or five-figure It bags printed on them? No, I didn't think so.
Hermes Birkin Bags on eBay
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