Decision of the Paris Judicial Court on the Protection of the Iconic Kelly and Birkin Bags – February 7, 2025

On February 7, 2025, the Paris Judicial Court issued a notable decision (Case No. RG 22/09210) in the dispute between Hermès International and Hermès Sellier against Blao&Co. This case raises essential questions regarding the protection of design works under French copyright law and trademark infringement. This article provides a detailed legal analysis of the ruling, highlighting its implications for designers and fashion companies. 

Case Background

Hermès International and Hermès Sellier, renowned for their iconic Kelly and Birkin bags, discovered that Blao&Co had been selling handbags under the brand name “NDG” since 2021. These products, particularly the “Paisley Jane” model, were marketed through Blao&Co’s website, social media platforms, and as NFTs on OpenSea.

Claiming that these handbags reproduced the distinctive features of their protected models, Hermès sent multiple cease-and-desist letters to Blao&Co in March and April 2022, demanding the cessation of the infringing bags’ sale, as well as the associated NFTs. After receiving no satisfactory response, Hermès filed a lawsuit in July 2022 for copyright and trademark infringement.

Arguments of the Parties

Hermès’ Position

Hermès argued that Blao&Co’s “Paisley Jane” bags were an unauthorized reproduction of their Kelly and Birkin models, which are protected under copyright due to their originality. Additionally, Hermès claimed that Blao&Co unlawfully used their registered three-dimensional trademark, particularly the signature lock closure featured on their bags.

Blao&Co’s Defense

Blao&Co contested the originality of the Kelly and Birkin bags, arguing that their features were common to many handbags or dictated by technical constraints. The company also denied trademark infringement, asserting that the elements used were generic and did not infringe on Hermès’ rights.

Legal Analysis of the Court

Originality of the Kelly and Birkin Bags

The court first examined the originality of the Kelly and Birkin bags, an essential condition for copyright protection. It was established that the Kelly bag has a trapezoidal shape with side gussets, a cut-out flap, a specific closing system, a special handle, four basic studs and a removable shoulder strap. The Birkin bag, on the other hand, has a slightly rectangular shape, a flap with a three-notch cut-out, a specific closing system, two special handles, specific gussets and four basic studs. The court concluded that these features were the result of free and creative choices, giving the bags a distinctive and recognizable appearance, thus satisfying the criterion of originality required for copyright protection.

Trademark infringement

Concerning trademark infringement, the court noted that Hermès has held a three-dimensional trademark registered since 2003, covering in particular the distinctive clasp of its bags. Blao&Co’s “Paisley Jane” bags were found to reproduce this clasp in an identical or similar manner, creating a risk of confusion in the mind of the public. The court therefore concluded that Blao&Co had infringed the trademark.

Implications of the Decision

For Fashion Designers

This ruling reaffirms the importance of originality in the protection of design works under copyright law. Fashion designers are encouraged to:

• Develop distinctive and innovative designs to ensure effective legal protection against unauthorized copies.
• Consider registering their designs as trademarks or design rights for enhanced protection.

For Businesses

Businesses must exercise caution to ensure that their products do not infringe existing intellectual property rights. This case underscores the importance of:

• Conducting thorough legal research before launching new products.
• Consulting intellectual property attorneys to assess potential risks and avoid costly legal disputes.

Conclusion

The Paris Judicial Court’s decision of February 7, 2025, establishes a significant precedent in fashion design and trademark protection. It recognizes the originality of fashion creations as works protected under copyright law and reaffirms the enforcement of three-dimensional trademarks against infringement.

Dreyfus & Associates Law Firm: Your Intellectual Property Partner

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