Hermes created, manufactures and sells the iconic "Birkin" handbag. Through enormous sales, publicity and media attention, the appearance of the Birkin Bag has become immediately recognizable to millions of women. Defendant is selling cotton tote bags which bear on each of their surfaces, a color photograph of the corresponding surfaces of what appears to be a Birkin Bag, Defendant is simply riding on the reputation and recognition of the Birkin Bag to sell its otherwise generic tote bags. In so doing, Defendant is creating confusion among the public and is putting Plaintiff's reputation at risk.
So the real question remains, does this $35 reusable shopping tote really confuse the public? Can some people not tell the difference between the $10-15,000 bag worn by the likes of Rachel Zoe, Victoria Beckham and Nicole Richie and the image above? Does this fun bag from Thursday Friday really merit a law suit? I mean, I feel like I am biased on the mater. I know I will never own a Birkin, and since this is so clearly not a knock off, I would carry it a round as way to make a high fashion statement without the price tag. I, for one, think it is a cute idea and harms no one...
