Is the Viral Birkin "Dupe" from Walmart Legal?

Fashionistas are abuzz over the latest viral sensation in the world of luxury knockoffs: the so-called "Walmart Birkin," which has been affectionately nicknamed "Wirkin." This affordable purse, available for either $78 or $102 depending on the size, looks uncannily like Hermès's iconic Birkin bag-one of fashion's most lusted-after status symbols that usually sells for tens of thousands

of dollars. While the Wirkin has captured the attention of savvy shoppers, one key question looms: is this lookalike bag legally above board? The answer is almost certainly no.

The Legal Case Against the Wirkin

At first glance, the Wirkin may seem innocuous in that it does not invoke the Hermès name on the bag or in its product listings. However, Hermès's intellectual property protections extend far beyond its name. The Birkin bag's distinctive design-the shape, handle structure, clasp, and overall configuration-is a registered trademark. The Wirkin's close imitation of these distinctive elements puts it squarely in the realm of potential trademark infringement.

Trademark law protects not only logos and brand names but also the "trade dress" of a product. Trade dress refers to the overall appearance of a product that serves to identify its source. Hermès might argue that the Wirkin's design is so similar to the Birkin that it creates a likelihood of consumer confusion, making shoppers believe the two bags are related or originate from the same source.

Lessons to be Learnt from Chanel vs. Jonak

This is not the first luxury brand which has taken a legal route against its imitators. One recent case is Chanel's lawsuit against the firm of Jonak accused of plagiarizing Chanel's slingback shoe design. Chanel argued successfully that it diluted its brand and confused consumers. Hermès could use the legal precedent of this case to sue the Wirkin and its sellers.

Risks for Sellers and Consumers

The sellers of the Wirkin may attempt a defense by explaining that their bags are simply "Birkin-inspired" and targeting a different target market. The courts, however, continue to find in favor of the luxury brands when the product likeness is too similar, especially in iconic products like the Birkin. Hermès can sue for damages, as well as injunctions to prevent Wirkin from continuing its production and sales.

But buying a Birkin dupe carries its own set of consumer risks as well. Setting aside the ethics of buying knockoffs, buyers could be inadvertently contributing to the devaluation of luxury trademarks. Hermès succeeded in branding itself on exclusivity and craftsmanship-products like the Wirkin threaten to undermine those core principles.

While the budget-friendlier "Walmart Birkin" went viral for fashion lovers on a budget, the legality of it remains highly questionable. In so close a version of Hermès's design mark, the Wirkin puts it on very thin ice in relation to the law and earns for itself the ire of the most protective luxury brands across the world. Hermès can most definitely give evidence of a strong case that it needs to defend the exclusivity of its famous Birkin bag by showing ownership. For now, the Wirkin may be a flash in the pan, but it's a sharp reminder of how thin the line is between inspiration and infringement in fashion.