IP Partner Brian Brokate was quoted in the article “Will Walmart’s Birkin Gambit Be Worth It in the End?” for the World Intellectual Property Review which explores French luxury brand Hermès® and Walmart’s lookalike “Wirkin’ bag. According to the article, priced at $78-100, the budget-friendly bag mimics the aesthetic of the original Birkin, which ranges from $10,000 to over $500,000.
Brian shares his thoughts on trade dress infringement considerations. The article states that Brian “believes that while the budget chain could face legal action for trade dress infringement and potential dilution of the Birkin brand, he agrees it could offer a strong counter argument: the Wirkin may be a dupe but isn’t duping anyone.
Brian is also quoted, stating “Walmart’s likely first defense would be that this is not an infringement, but rather a ‘copy’ product: we’re not trying to confuse anyone – we’re offering a product priced around $80, while a Birkin costs thousands. No one will mistake the two.”
IP Partner Angelo Mazza is featured in Tracer Talks Episode 5: Fighting Cybercrime in the Luxury Goods Market. Angelo and Tracer CEO Rick Farnell delve into the emergence of “dupe culture” and its market impact.
In this episode, Angelo Mazza discusses the challenges and trends in brand protection in the luxury goods market. He highlights the increasing sophistication of counterfeiters and the changing attitudes towards counterfeit products. The role of AI in brand protection is also explored, with both the potential benefits and challenges it presents. The conversation covers various platforms where counterfeits are sold, the importance of investment in brand protection, and the metrics used to measure success. Rapid-fire questions at the end provide some fun insights into Angelo’s personal preferences.
Watch the full video now: https://lnkd.in/gtwUdmxK