$35,000 Handbag vs. $35 Handbag

[jellyv]

sorry, dbl post. MODS please delete

[jellyv]

Using a Hermes template to make a Hermes copyrighted bag is very likely to be illegal if offered for sale (as opposed to the case of this private hobbyist). The company does challenge makers of close or exact copies, which the Mulberry Bays is not. How do I know it's not? Because Hermes hasn't shut them down.

I'm sure corporate legal at many companies keeps tabs on which things come too close to trademarked features (again, not requiring that the label say it's by so and so) and which do not.

[Liberté]

^
Hmmm, If you used the H blue prints, I'm not quite sure on which side of the law it would end up on, it should be illigal nonetheless as the bag is producd over the patented blueprints, however I'm sure different countries will have different protection of registered trademarks and patents . Bayswayter definitely is an original creation and not produced after H blueprints.

[karmenzsofia]

It's interesting, isn't it? Laws are never straight forward and simple. Surely Hermes must have known that others would make the bag; otherwise, why publish the blueprints on the world wide web? I mean, what possible purpose could that serve? I still don't understand why they did that...

[TejasMama]

I think this was a very clever promotion on the part of Hermes to offer their blueprints this way. I loved the video and thought they were very gracious in their comments. Of course, Claude is a craftsman and the work he does will be far superior to anything most others could create. It was fun to watch.

[jellyv]

I think I read over on the H forum that some believe it isn't the official, fully detailed, registered version of the blueprint, for just that reason. Makes the most sense to me.

Edit to add: Now that I've seen what it really is, LOL, it's clear it's no formal blueprint!

[hello! hello!]

This would hardly qualify as "blueprints"...
The clip did mention that the Kelly consists of 45 pieces sewn together.
The media does have a way of manipulating words for extra effect...

[LeeMiller]

You know the thing is I always see these look for less segments or places advertising cheaper verions of items like shoes. I tend to be very disappointed when I see the item in real life, but it photographs well. I wonder how the bag looking cute was also a function of it looking good on camera, but not so much in real life?

[Jozee]

Originally Posted by Liberté

Everyone knows you pay just as much for the "brand" when it comes to H as with other brands. ANd it's not that difficult to find a highly skilled individual craftsman that will be much more accomodating in terms leather selection and colours even at a lower price point, nor is it defficult to purchase skins from the same tanneries that H uses. The saddle stitch technique isen't something that would be recommended for beginners as it's not easy to master though... ANd her bag doesen't really look like an H one bcause of leathr quality and stitching. The proportions are great though. IMO I think this is som of the things that makes h stand out. They're very open about production and product, not trying to make them a whole lot more than what they really are. It's a simple, traditional handstitched bag in the highest quality leather they can get, not much more, and really, how much more can a bag be when you think about it? Whether one accepts the price or not is up to each one of us. They aren't ever saying this is something unique to them either. =P

Totally agreeeee! Getting up in arms about "replicas" and inspired-bags has always seemed a little like misplaced effort to me and actually devalues the brands who are truly afraid of it. I mean honestly, if you can't tell the difference between the fake one from F21 (for example) and the real one, clearly the real one isn't meeting these lofty standards attributed to them.

In the case of Hermes, they're open about the design because THEY know their product is tough to beat and they don't oversaturate the market. It's an ACTUAL luxury good.

__________________

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[rainrowan]

The whimsical "blueprint" is really like one of those paper doll patterns we used to cut out of books as kids. I've seen the actual templates on video and they are very different. Hermes has a disclaimer under their drawing that they retain all intellectual property rights.

The woman who tried her hand at the bag did an admirable job with what she had, considering the "blueprint" has the straps thicker than they are, no actual Hermes hardware, etc It looked like a fun challenge.

[doreenjoy]

Just FYI, the bag design itself cannot be copyrighted or patented as far as I know (though most of my knowledge about IP protection is from the USA). The logo of Hermes and the brand name can be trademarked. When H shuts down counterfeiters, I believe it's because the counterfeiters are using the Hermes trademark.

Also, don't believe that the shot you saw of Claude being presented with the bag was the first time he saw it. The camera crew was already in the store with lights and equipment. I'm sure ABC had permission to film inside the store long before they arrived.

[jellyv]

Doreen, as I posted elsewhere, design is trademarked through "trade dress" law. Hermes and other houses have successfully sued on that basis. It is beyond (other than) the use of the words labeling an imitation.

[doreenjoy]

Thanks. Like I said my experience is with Intellectual Property.

[friponne]

LOL it's a bit like listening to your beloved, tune-deaf hubby belching out an aria in the shower, or listening to signore Pavarotti (RIP) singing the same aria in the Scala of Milano...

IMO the "look for less" looked exactly like a $35 handbag.
(But Claude is priceless!!! )

[prism]

cute idea, but i don't think people could really do their own Kelly bags. i mean, you'd need to get the hardware somewhere, no?