**Hermes Chat**

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#21,046
loh said:
For me, it's the fact that Walmart is selling them. That makes it so "mainstream" for me. Like selling these dupes/fakes is acceptable, and much more accessible, now.
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I watched some YouTubers say people will buy it as a F-you to Hermes for making everything so exclusive. They say they won’t jump through all these hoops if the brand won’t take their money. Yet they’re so obsessed and still want to get one. I find it silly. If one disagrees with the practice shouldn’t they just boycott the brand all together. Just sounds like a bunch of sour grapes?


I suppose the bright side is people will get robbed less since the streets will be flooded with dupes?
 
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#21,050
From reading the article, it sounded like they were selling it in stores. With the marketplace thing, I doubt that they wouldn’t have any responsibility to supporting the sale of illegal merchandise. Trademark infringement is trademark infringement. If someone started selling ghost guns through their site, they’d need to remove the listings immediately. Extreme example but you get the point.
 
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#21,053
cravin said:
They won the lawsuit over the NFT image being trademark infringement. Don’t see why that wouldn’t carry over to a physical bag over a virtual one.

Not arguing with you by the way, just interesting topic.
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Truly it is interesting discussion. But to your point I thought they won that case bc it explicitly used the word “Birkin”
 
#21,054
addiCCted said:
Truly it is interesting discussion. But to your point I thought they won that case bc it explicitly used the word “Birkin”
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Trademark Rights – Hermès maintains significant trademark rights in the BIRKIN name and the corresponding handbag trade dress, and has amassed registrations that extend to the “BIRKIN” word mark and the source-indicating design of the bag. The almost-190-year-old luxury brand describes the latter as: “The configuration of a handbag, having rectangular sides a rectangular bottom, and a dimpled triangular profile. The top of the bag consists of a rectangular flap having three protruding lobes, between which are two keyhole-shaped openings that surround the base of the handles. Over the flap is a horizontal rectangular strap having an opening to receive a padlock eye. A lock in the shape of a padlock forms the clasp for the bag at the center of the strap.”
 
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#21,055
cravin said:
Trademark Rights – Hermès maintains significant trademark rights in the BIRKIN name and the corresponding handbag trade dress, and has amassed registrations that extend to the “BIRKIN” word mark and the source-indicating design of the bag. The almost-190-year-old luxury brand describes the latter as: “The configuration of a handbag, having rectangular sides a rectangular bottom, and a dimpled triangular profile. The top of the bag consists of a rectangular flap having three protruding lobes, between which are two keyhole-shaped openings that surround the base of the handles. Over the flap is a horizontal rectangular strap having an opening to receive a padlock eye. A lock in the shape of a padlock forms the clasp for the bag at the center of the strap.”
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I believe Walmart is selling bags that look similar to but not identical to an H bag (they carry both a B and a K look alike). The bags are different…the B look a like has a shoulder strap…and thus not a ‘fake’ and no trademark infringement? While I am a lawyer, I have no knowledge of patent/trademark law. BTW, DH went down the Walmart rabbit hole and noted that they carry other bags that are similar to various other designers including BV.
 
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#21,058
loh said:
Omg, I have no words. The Wirkin.... :facepalm:

nypost.com

Walmart’s $78 Hermès Birkin dupe is the fashion world’s hottest new handbag — and luxury lovers are fuming

They’re “Wirkin” their fake Birkins.
nypost.com nypost.com

View attachment 6109248
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Reminds me of years ago when Steven Stolman did his version of rubber Birkin bag which was sold
in the Hamptons & NYC & Stolman referred to the bag as an amusement "like a Rolls Royce made out of plastic"
A law suite did ensue.. Hermes made their point
 
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#21,059
It's really hard to get IP protection for fashion/clothing. You can certainly get trademark protection for the name of the brand or its logo(s). You can get copyright protection for patterns (e.g. LV monogram). Sometimes you can get color trademarked for narrow cases, like Louboutin's red soles. But otherwise, you're mostly out of luck, which is why you can see legitimate stores sell dupes (but not counterfeits) legally.
 
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#21,060
Love Of My Life said:
Reminds me of years ago when Steven Stolman did his version of rubber Birkin bag which was sold
in the Hamptons & NYC & Stolman referred to the bag as an amusement "like a Rolls Royce made out of plastic"
A law suite did ensue.. Hermes made their point
Click to expand...

qubed said:
It's really hard to get IP protection for fashion/clothing. You can certainly get trademark protection for the name of the brand or its logo(s). You can get copyright protection for patterns (e.g. LV monogram). Sometimes you can get color trademarked for narrow cases, like Louboutin's red soles. But otherwise, you're mostly out of luck, which is why you can see legitimate stores sell dupes (but not counterfeits) legally.
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I wonder if Hermes will go to court over this case. I remember reading somewhere that as long as there are SEVEN points of difference there is no design infringement. The Walmart birkin, has no feet, no lock, comes with an optional shoulder strap and is made of polythene- just for starters. Personally I don’t have a problem with anyone who wants to buy the Walmart birkin, it’s not really a birkin at all, just a similarly shaped bag. I cannot believe the YouTubers who compare the two. There is no Walmart where I live (U.K.) so I cannot go there and take comparative photos.
 
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