Why the “Wirkin” Bag is Making Headlines
Recently, Walmart has released a $78 bag which is being deemed as the perfect dupe of the iconic luxury bag “Birkin” by the French fashion house Hermès. Grocery store turned a Fashion Competitor? Yes, you read it right. The bag is being dubbed as “Wirkin”. Not only is the bag considerably affordable as compared to its counterpart but also there is no waiting list to purchase the same .
The Birkin bag and Hermès have been the center of controversy with a suit being filed against the french fashion house by its customers for creating an artificial scarcity to hype the price of the bag and maintain exclusivity. Recent comments of the Hermès heir in the 60 Minute Show explaining the bag to be “costly” and not “expensive” and justifying the long waitlist for the bag to be a result of the inevitable time consumed in creation of handcrafted goods have also not enjoyed a positive reception in the minds of the consumers.
In this scenario the release of the “Wirkin” in an array of colors and holding a major resemblance to the coveted Birkin have created a question in the minds of many… is the dupe legal ?
Legal or Not? The Debate Around Luxury Dupes
Well unlike an original Hermès Birkin, the Walmart version of the bag “Wirkin”, avoids using the terms "Hermes" which usually appeared on the inside flap of the infamous handbag and its various hardwares, they do not use the protected "H" or the word mark "Birkin". But, is that enough to qualify it to be a legal sale without any infringement?.
It is imperative to note that Hermès owns not only the rights to the name Birkin but also the various design elements of the bag, and thereby can take action against the Wirkin for misusing the unique and distinctive design of its bag the description of which is as follows:
“The configuration of a handbag, having rectangular sides, a rectangular bottom, and a dimpled triangular profile. The top of the bag consists of a rectangular flap having three protruding lobes, between which are two keyhole-shaped openings that surround the base of the handles. Over the flap is a horizontal rectangular strap having an opening to receive a padlock eye. A lock in the shape of a padlock forms the clasp for the bag at the center of the strap” … for use on handbags.
The Dupe Market: A Growing Trend in Fashion
Wirkin in not the only luxury dupe creating havoc in the market. The fashion industry is filled with dupes of not only cosmetics and perfumes but also clothes, shoes, accessories and handbags.
High-end luxury dupes are being sold openly, by high-street fashion retailers such as Zara, Charles & Keith, Quince, New Look and many more. These brands often source their products from the manufacturers used by the well-known luxury brands, however, by cutting the middleman and the hefty markup associated with luxury goods are able to save tons on the cost of manufacturing and thereby can sell their dupes at much more affordable prices.
They are not the only ones. Leather goods manufacturer Sitoy Group Holdings regularly uploads videos on social media showcasing how the quality of its $100 handbags is almost identical to those sold for upwards of $1000, all the while advertising that they use the same production lines used by Prada, Tumi and Michael Kors. Then there's Chicjoc, one of the largest Chinese fashion apparel brands on Taobao and Tmall, claiming it uses the same fabric manufacturers as those used by the likes of Chanel, Valentino and Louis Vuitton.
The rise of the high-end fashion dupes is also credited to the disillusionment of the consumers following the scandal of Loro Piana with investigation revealing that it sourced the wool for its $9000 sweater from underpaid workers in Peru, followed by the Italian Luxury SweatShop controversy regarding Dior and Georgio Armani. These cases have not only done away with the shame of purchasing “dupes” but in fact glorified them since you can achieve the same aesthetics at a fraction of the original price, making it not only more “value for money” but also allowing the consumer to stay vogue.
While none of these luxury brands have formally initiated a suit or legal proceedings against the sale of such dupes, the case in fact of Hermès is more suited for an action by the fashion house, since the Walmart website is also used by third-party retailers to sale pre-owned authentic Birkin bags, creating a potential for consumer confusion despite the wide gap in prices of the authentic bag and the dupe.
What do you think about the rise of the dupe industry ?
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