DOUBLE BAG IT: Hermès International filed a lawsuit against e-tailer Thursday Friday Inc., claiming the Web site infringed upon its Birkin Bag trademark by selling canvas totes that display screen-printed images of the Birkin. According to court papers filed in the Southern District of New York last Thursday, the defendant’s Together Bag, which is back-ordered until March, aims to “take unfair advantage of the fame and reputation of the Birkin Bag,” with the “express intent to confuse, mislead or deceive the public.”
While the idea that a $35 cotton tote could be confused with the Birkin Bag seems unlikely, Fordham University’s Fashion Law Institute director, Susan Scafidi, said it is “still apparent that Thursday Friday is trading on the trademarked image of the iconic belt-and-flap Birkin closure — a legal ‘don’t’ when it comes to well-known marks.
“In other words, from a legal perspective, there’s no good day of the week to copy a Birkin — and at Thursday Friday, it probably feels a lot more like a Monday about now,” she said.
Thursday Friday did not respond to requests for comment by press time. Hermès is seeking an injunction, treble damages and other costs.
fashion-scoops
fashion-scoops
February 2, 2011
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