A $60 Walmart handbag that bears a striking resemblance to the coveted Hermès Birkin has become a trending topic on TikTok recently. Over the past few weeks, fashion enthusiasts have taken to social media platforms to discuss the affordable bag’s surge in popularity. Among the nearly a thousand videos posted on the platform, viewers can find die-hard supporters of the original Birkin bag, while many advocate Walmart for “cheating” and even teaching potential buyers how to rate them.
The scam, aptly named “Wirkin,” can be found on Walmart’s website in listings from third-party sellers Kamugo, Bestspr, Ymtq, and Judy. This Birkin-like bag is described as a women’s genuine leather tote and shoulder bag. Prices range from $60 to $299.98, depending on size and color. All items on the retailer’s website are sold out, and while third-party sellers may have profited from the viral buzz on TikTok, questions have been raised about the legality of the scam.
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Douglas Hand, a fashion lawyer and a member of the Council of Fashion Designers of America’s (CFDA) Business Advisory Committee, said Hermès could file a trade dress infringement lawsuit against Walmart and third-party vendors selling the products.
“For an extremely valuable product like the Birkin, which can be diluted and devalued through overexposure, it is not surprising that Hermès is taking an aggressive approach,” Hand said, adding that Hermès “may seek to prevent so-called The ‘post-crisis’ “sales confusion” refers to the fact that even if the consumer who purchased the product knows that the product is not authentic, seeing other people holding Hermès bags and thinking that Hermès produces shoddy products, Hermès’ reputation may be damaged. “
Generally speaking, selling counterfeit goods may result in charges of intentional plagiarism. In trademark law, intentional copying refers to the intentional imitation of a protected element of another company’s product in order to gain its reputation or confuse consumers, including similarity of design elements, evidence of intent to copy, actual confusion in the market, consumer confusion possibilities and proximity of products. The latter could benefit Walmart and its third-party sellers because there is a huge price difference between counterfeit products and authentic Birkin bags, which start at about $10,000 and can run into the millions.
“The price difference works out in a number of ways,” Hand said, explaining that alleged infringers might argue that “consumers won’t be confused because they know Hermès does not and will not sell it in this way.” Price to sell bags.
On the other hand, there are third-party sellers on Walmart Marketplace selling purportedly authentic Birkin bags with prices ranging from $12,000 to $40,999, which could be used to claim confusion in the market. If any third-party seller at Walmart knowingly infringes on the federally registered trademark “Birkin” by selling its imitations, Hermès will face a stronger lawsuit. Until Sunday, third-party seller Sulikehez added the term “Birkin bag” to its fake product listings, and Walmart then removed the page.
“To the extent that Walmart is promoting this bag as an equivalent or alternative to the Birkin bag, it would be difficult for them to deny that intentional plagiarism,” Hand said.
Representatives for Hermès and Walmart did not respond to requests for comment before publication.
For decades, Hermès has been defending its Birkin trademark and design rights against both accurate counterfeits and creative designs. In 2011, Hermès filed a lawsuit against Thursday Friday, accusing it of selling canvas bags with Birkin patterns. In 2012, Hermès sued 34 websites selling fake Hermès merchandise, including fake watches, and received $100 million in compensation. In 2022, the luxury brand sued Mason Rothschild, claiming the artist’s “MetaBirkins” NFT constituted trademark infringement.
The courts generally sided with Hermès, setting a strong precedent for protecting the unique design elements of the Birkin bag.
“Generally speaking, the more famous a trade dress right is, the more likely it is to be protected,” Hand said.
Hermès isn’t the only luxury brand to be attacked by the viral counterfeit culture that’s trending on social media in 2024. Love bracelets are everywhere on TikTok.
Hermès launched the Birkin bag in 1984; it was designed by Jean-Louis Dumas at the request of Jane Birkin. Entirely handmade, the bag has become one of the most coveted styles and is produced in limited quantities.
In a recent interview with 60 Minutes, Hermès artistic director Pierre-Alexis Dumas explained why the brand is “expensive.” “I’ve always heard that Hermès is expensive. It’s not expensive. This is expensive,” he said. “Expensive products don’t do what they’re supposed to do, but you pay quite a bit of money for it and then it betrays you. That’s expensive.
Celebrities who have carried Hermès Birkin bags over the years
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Post Gallery: Celebrities Who Carry Hermès Birkin Bags Over the Years
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