Astrea / News / What the Wirkin bag teaches us about IP rights

20-01-2025

What the Wirkin bag teaches us about IP rights

Publications | Katrijn Huon

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In the world of luxury fashion, the BIRKIN bag from Hermès has evolved into an iconic bag reflecting a symbol of status and exclusivity and sky-high price tags.

The WIRKIN bag is now making big waves in the fashion market and also in its legal sphere. The WIRKIN is manufactured by Kamugo and is listed on the website of Walmart as the “KAMUGO Genuine Leather Handbag Purse for Women”. The bag is seen as a dupe of the iconic Hermès BIRKIN and straddles the fine line between homage and infringement. It’s a subtle play on one of the most recognizable luxury bags in the world, yet its resemblance sparks legal questions. Is the WIRKIN infringing the intellectual property rights of Hermès?

The trend of buying dupes, or duplicate versions of high-end products, has gained significant popularity in recent years. Consumers are increasingly drawn to affordable alternatives that mimic the look and feel of expensive designer goods, from makeup and clothing to gadgets and accessories and to bags.

The rise of social media influencers and online reviews has fueled this trend, making it easier for people to discover and share budget-friendly dupes. While some argue that dupes provide access to luxury for a fraction of the price, others, rightly, raise concerns about the legality, ethics and quality behind knockoffs.

Is purchasing a WIRKIN really just getting a bargain, or inadvertently or willingly also contributing to an illegal and unethical system which undermines intellectual property rights and/or social and environmental obligations?

In the fast-paced world of fashion, the lines between inspiration, imitation, and innovation may sometimes seem blurred, but in this case, we argue that the WIRKIN is a blatant knockoff of the BIRKIN bag.

Brands rely on intellectual property protection to safeguard their creations and this case highlights again the importance of intellectual property protection. While the Birkin bag itself is granted trademark protection through the registration of a shape mark, the question rises whether the bag also could be considered a work of art susceptible of copyright protection.

When confronted with potential trademark infringement, brands need to evaluate whether similar signs used by third parties could create confusion among consumers about the origin of the goods. Trademark infringement arises when a competitor uses a mark similar to an existing trademark in a way that misleads consumers into believing the goods originate from the same source.

Design rights and copyrights play a pivotal role in defending the creative and visual elements of fashion products. Design rights safeguard the appearance of a product, such as its shape, pattern, or ornamentation. Copyrights protect original works, including fabric patterns, textile designs, and graphic prints featured in fashion collections.

Fashion brands may face challenges when it comes to the unauthorized reproduction or adaptation of their designs, particularly in dupe culture. While exact copies typically constitute clear violations of design rights or copyrights, more subtle copies can still raise complex legal questions regarding the scope of protection granted to the original creations.

Patents are significant for protecting technological innovations or functional elements of fashion products The BIRKIN is not protected by patent rights but generally patents are becoming increasingly relevant in the fashion industry.

Hermès has been known to take an aggressive approach to safeguard its intellectual property rights but has not yet taken action against the WIRKIN.

Time will tell what Hermès will do, which arguments it will use and how courts will decide.

A case to follow in times of dupe culture! Do you have questions? Reach out to our IP-team at Astrea.