Nine fake Hermès bags cost counterfeiters €100K in damages

In a recent decision, the Judicial Court of Marseille awarded luxury brand Hermès €100,000 in damages in respect of the sale of nine fake “Kelly” handbags by two retailers in Saint Tropez. 

The lawsuit was filed back in 2023 in respect of bags that were marketed and sold by the boutiques La Tunique, and Charm and Chic. Hermès argued (and the Court agreed) that the nine bags in question all featured some of the key distinctive elements of the Kelly bag, such as the trapezoid shape and the distinctive metal hardware. 

The Court upheld Hermès' copyright in respect of the design of the Kelly bag and also acknowledged that the company owns a figurative trade mark registration for the distinctive clasp and lock hardware. Infringement was found despite the fact that the bags in question were not branded with the Hermès name or logo.

This case neatly highlights the cost of counterfeiting. Although there were only nine infringing bags identified, the defendants are nonetheless liable for a six-figure damages sum, and it is clear that the Courts in France do not take these matters lightly. 

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The judgment confirms that French IP law protects not only registered trademarks and creative works, but also the market perception and distinctiveness that luxury brands cultivate through presentation and setting.

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