Birkin Look-A-Like

[nathansgirl1908]

I was just wondering...these look alike bags must be legal because they are look alikes and not copies...right? I think if it bothered Hermes so much and if they didn't want this to happen...they could have protected themselves, right?
I know they must pay for worldwide protection , but then they would be able to go after them legally. Am I correct? Obviously, it is not something they are concerned about. I am aware of several products/companies that protect themselves to the fullest and this would never happen. So, it becomes fair game whether we like it or not.
This is with so many products in our lives.
In a way it is flattering, but in a way it could be viewed as poor.

kellybag, it is my understand that it becomes a potential legal problem when the item in question so closely resembles what it is copying that someone might actually think it is the real thing. And I don't think we can't say Hermes isn't bothered. I'm sure LV is bothered, but it is difficult to get a handle on every company that makes knockoffs. I don't see how you can totally protect yourself in this society because every single day I see fake bags from just about every single major high end bag designer. And Hermes has actually been pursuing some companies. They got pretty aggressive with pursuing people who were making/distributing jelly kelly bags a few years ago.

Anyway, I don't see it as fair game. If someone comes up with a concept/design, they should be able to retain the ownership of that concept/design without others tampering with it and the like. Sometimes it puts me in mind of all the controversy surrounding napster. That was considered stealing.

 

[Kellybag]

I hear what you are saying, but then isn't that where registering/copying laws/patents and all that suff come in. I know some people pay for it for "X" amount of time and when it runs out it is fair game to anyone. At least that was my understanding.
I thought as long as you don't copy the birkin exactly...as in replica...there would be no violation. Look alikes are ok...it is the replica/copies that are not.
Wish I knew the answer to that.
I mean it is not good to closely make something, but if there is no law breaking...then it is fair? That is what I wonder...

(you know...the fakes that have the stamping are illegal...the copies/look alikes without the stamping would just be a design...I know it is poor, but I believe it is legal...Hermes can fight, but I don't think it is an easy win for them)

One more thing...I have known people who have lost alot of money because their product/design was not protected...or protected in the states and they did not pay for worldwide protection and they lost soooo much money...it is quite costly and I know that is one reason all these design houses don't protect themselves for long periods or fight people.

 

[nathansgirl1908]

I hear what you are saying, but then isn't that where registering/copying laws/patents and all that suff come in. I know some people pay for it for "X" amount of time and when it runs out it is fair game to anyone. At least that was my understanding.
I thought as long as you don't copy the birkin exactly...as in replica...there would be no violation. Look alikes are ok...it is the replica/copies that are not.
Wish I knew the answer to that.
I mean it is not good to closely make something, but if there is no law breaking...then it is fair? That is what I wonder...

(you know...the fakes that have the stamping are illegal...the copies/look alikes without the stamping would just be a design...I know it is poor, but I believe it is legal...Hermes can fight, but I don't think it is an easy win for them)

One more thing...I have known people who have lost alot of money because their product/design was not protected...or protected in the states and they did not pay for worldwide protection and they lost soooo much money...it is quite costly and I know that is one reason all these design houses don't protect themselves for long periods or fight people.

Just because someone does take precautions to copyright something does not mean it won't get stolen. I mean let's get real here...Hermes has done all the copyrighting it needs to do. The design has not necessarily been put out into the open market for anyone to snatch up. People are just doing it because they figure with so many replicas/fakes, no one will take the time to go after THEM. And as I said they have aggressively pursued some vendors. If you notice, you rarely, if ever, see the jelly kelly bags anymore. Hermes is one of the few design houses that is taking an aggressive stance against fakes.

And while these bags don't have stamping on them, I still don't know if they are entirely legal. The bags look TOO much like Hermes bags for it to be totally legal.

 

[ETenebris]

If Hermes patented the Birkin bag, for instance, at THAT time they would have had protection for 17 years from the time their patent issued. Unless they are making substantive changes to the bag to get "new" patents every so often, their exclusive right to that design expires 17 years after the patent issue date. This is how we have things like generic medications, which are greatly beneficial to people who don't have insurance to pay drug companies' exhorbitant prices. This also prevents monopolies to some extent. The inventor gets exclusive rights for a defined period of time, then the item becomes fair game. (Today the patent period has changed from 17 years from the date of issuance to 20 years from the date of FILING, just FYI. I was in Intellectual Property before deciding to move to teaching so I could have my life back.)

While there is nothing like the "real" thing, I don't really think anyone here should criticize those of us who don't have $7500 or want to try the bag before spending ten years saving for it. There is nothing wrong with taking that money and putting it to other use. You have to remember, you are not JUST paying for leather and craftsmanship, you are paying for the Hermes label just like with other designer labels.

 

[nathansgirl1908]

While there is nothing like the "real" thing, I don't really think anyone here should criticize those of us who don't have $7500 or want to try the bag before spending ten years saving for it. There is nothing wrong with taking that money and putting it to other use. You have to remember, you are not JUST paying for leather and craftsmanship, you are paying for the Hermes label just like with other designer labels.

No, there should be no criticism of anyone who can't afford it. But there seems to be a slight tinge of criticism geared towards those who can and it seems that it is more acceptable to criticize people who CAN buy expensive things than people who can't. There should be no criticism at all. However, in this case, the criticism isn't geared towards whether you can AFFORD to spend the money, it is about how buying an inspired bag just supports taking someone's design.

Also, I can't definitely say I'm not JUST paying for leather and craftsmanship. Hermes uses the best materials in the world and their bags ARE handmade. So it is not just the name. Herein lies yet another criticism directed at those who can afford it...the same argument that everyone returns to "you're paying for the name."

 

[pursemember]

While there is nothing like the "real" thing, I don't really think anyone here should criticize those of us who don't have $7500 or want to try the bag before spending ten years saving for it. There is nothing wrong with taking that money and putting it to other use. You have to remember, you are not JUST paying for leather and craftsmanship, you are paying for the Hermes label just like with other designer labels.

you pay for the brand name the advertising the image the quality the design etc. but there are purses for everyone within all financial means why buying a fake?
what do you do when you like a porsche but can not pay for it?
would you still want a birkin if hermès doesn´t exist and the idea came from wal-mart?

 

[nathansgirl1908]

would you still want a birkin if hermès doesn´t exist and the idea came from wal-mart?

Folks probably would not.

 

[ETenebris]

No, there should be no criticism of anyone who can't afford it. But there seems to be a slight tinge of criticism geared towards those who can and it seems that it is more acceptable to criticize people who CAN buy expensive things than people who can't. There should be no criticism at all. However, in this case, the criticism isn't geared towards whether you can AFFORD to spend the money, it is about how buying an inspired bag just supports taking someone's design.

Also, I can't definitely say I'm not JUST paying for leather and craftsmanship. Hermes uses the best materials in the world and their bags ARE handmade. So it is not just the name. Herein lies yet another criticism directed at those who can afford it...the same argument that everyone returns to "you're paying for the name."

I am not trying to be critical of anyone. If you can afford a Birkin, or ten Birkins, I am delighted for you! I love looking at everyone's bags, and I will probably purchase one in a few years when I am in a better position to do so. What I am saying is that if someone wants to see if the bag works for them style-wise (yes, I realize it is a classic style that transcends trendiness, but maybe it doesn't work with your particular needs), or if someone cannot justify spending that much money on a bag, we should not say "well, if you can't afford the actual bag you have to carry D&B"...there are other alternatives.

With regard to the Porsche analogy, have you noticed that other car companies make cars that are similar in physical design to the Porsche? I have no interest in Porsche, so I am not too worried about this.

LOVE to all the Hermes girls!

 

[pursemember]

that is what i am sure of too. as fakes are just wanted cause they imitate a huge famous well known coveted brand.
but as my mommy always told me "only fake people wear fakes and in the end the girl with the fake vuitton will end up with the guy sporting the fake rolex"

 

[Kellybag]

If Hermes patented the Birkin bag, for instance, at THAT time they would have had protection for 17 years from the time their patent issued. Unless they are making substantive changes to the bag to get "new" patents every so often, their exclusive right to that design expires 17 years after the patent issue date. This is how we have things like generic medications, which are greatly beneficial to people who don't have insurance to pay drug companies' exhorbitant prices. This also prevents monopolies to some extent. The inventor gets exclusive rights for a defined period of time, then the item becomes fair game. (Today the patent period has changed from 17 years from the date of issuance to 20 years from the date of FILING, just FYI. I was in Intellectual Property before deciding to move to teaching so I could have my life back.)

While there is nothing like the "real" thing, I don't really think anyone here should criticize those of us who don't have $7500 or want to try the bag before spending ten years saving for it. There is nothing wrong with taking that money and putting it to other use. You have to remember, you are not JUST paying for leather and craftsmanship, you are paying for the Hermes label just like with other designer labels.

Thank you for taking your time to share your knowledge with me. I was looking for this type of answer/info. I wondered how many years it was etc.

As for your comment on criticizing...I can't agree with you more. That was my point long ago. On the flip side to not having the money...I know so many people who have the money to purchase these bags and they would never spend their money this way. They feel it is foolish...some even say it is just a bag to carry things...a $25 one would work just as well. That makes me laugh, but they are correct...can't really challenge them on that one. It is just a personal preference.

That is why I say... whatever makes people happy.

 

[nathansgirl1908]

or if someone cannot justify spending that much money on a bag, we should not say "well, if you can't afford the actual bag you have to carry D&B"...there are other alternatives.

!

I question if someone can't justify spending that much on the bag, why they would NOT carry a less expensive bag rather than trying to give the perception they they have spent that money.

 

[ETenebris]

that is what i am sure of too. as fakes are just wanted cause they imitate a huge famous well known coveted brand.
but as my mommy always told me "only fake people wear fakes and in the end the girl with the fake vuitton will end up with the guy sporting the fake rolex"

And $1,000,000 in the bank because they didn't blow it all on bags! I don't think it's a matter of spending money on a bag to make someone else think you spent more. Obviously it does not have the Hermes label, so it is NOT an Hermes bag. I don't think anyone where I live even knows what a Birkin is! If I was worried about impressing other people, rather than just doing what makes me happy, I would have bigger issues than whether or not I could afford a Birkin!

But seriously, before you guys jump all over someone who would carry a handmade Italian bag from a no-name company that was "inspired" by Hermes, take a look at these:

 

[vanojr9]

Good point, Etenebris, all those bags are versions of the Bolide. And the Paddington by Chloe, imo, is just a slouchy, short, substantially locked version of the Birkin. Hermes has great bags, fantastic designs. I think some people who carry inspired Hermes bags appreciate the classic lines of the bag. After all, that design has inspired so many variations upon the same theme.

 

[nathansgirl1908]

And $1,000,000 in the bank because they didn't blow it all on bags! I don't think it's a matter of spending money on a bag to make someone else think you spent more. Obviously it does not have the Hermes label, so it is NOT an Hermes bag. I don't think anyone where I live even knows what a Birkin is! If I was worried about impressing other people, rather than just doing what makes me happy, I would have bigger issues than whether or not I could afford a Birkin!

And yes, here is further criticism. Criticism tactic #2: you are spending your money on bags and aren't saving any for retirement and/or a rainy day. Criticism tactic #3: you are just trying to impress someone by buying an expensive bag.

1. Just because someone spends money on a handbag does not mean they don't also have 1 million in the bank. In fact, they may have 20 billion. Oprah buys birkins and she is a billionaire. Besides, keep in mind that you can't take it with you. No point in living this life if you can't splurge and enjoy yourself.

2. Who said that anyone buys the bags to impress someone? Anyone reading the threads in this forum would know that a majority of the women here really appreciate the classic look of the bags by Hermes, the leathers, the colors, the craftsmanship, etc. And obviously if you feel the need to buy a look alike bag, then there is something in YOU that DOES want to impress. After all, you COULD just buy a nice tote bag from Target. Why even buy a look alike?


No one in MY neck of the woods knows what a birkin is and I could care less. I love my bag because its beautiful and quite fashionable, not to mention handy for carrying around everything I want to carry.

 

[rainrowan]

Here are a couple of pics with interesting captions I found in a book on handbags, the third pic is a BJ HAC32. The fact that this most iconic yet somewhat austere design stirs feeling of covetedness and protectiveness is amazing! Fascinating thread and I'd love to hear what people think.