Dupes: What are the Legal Actions Available To Protect Luxury Brands?

Dior, Chanel, Louis Vuitton, Hermès, Bottega Veneta—no brand is immune to the trend. One of the most sought-after recent imitations is the "Birkin Walmart," also known as "Wirkin," priced between $78 and $102 on Walmart's commercial platform. This near-perfect replica of Hermès' iconic "it-bag" quickly sold out, propelled by its viral success on social media. On February 14, Axel Dumas, Executive Chairman of Hermès International, announced plans to take legal action against the manufacturers of this “dupe”, comparing the trend to AI-powered journalism plagiarism. However, he also acknowledged that the Wirkin reflects growing public interest in Birkin bags, paradoxically seeing it as a compliment.

A threat to the luxury industry or a desire-enhancing tool for brands? Regardless, dupes benefit from luxury brands' investments in image and reputation without bearing the associated costs, pushing brands to take legal action. In an interview with Luxury Tribune, Delphine Brunet-Stoclet, a Paris-based intellectual property lawyer, explores how luxury creations can be protected and outlines the legal remedies available, referencing notable cases such as Chanel vs. Jonak (2024) and Céline vs. Mango (2023).

Delphine Brunet-Stoclet: The “dupe” phenomenon has significantly grown over the past year. Unlike counterfeiting, which is a criminal offense, duping falls under civil liability and is considered an act of unfair competition. The legal means to combat it rely on the concept of parasitism. (Editor's note: Under French law, parasitism refers to unjustly benefiting from the know-how, human effort, and financial investments made by a company to the detriment of the company whose reputation is exploited.)