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Intellectual Property Law

: Trademark Blog

Ceci N?est Pas un Birkin Bag

By Marty Schwimmer

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ha!.  I would have to believe that this fact pattern has to have happened before in the history of the world, but I don't know about it.  Thursday Friday puts a picture of an Hermes Birkin bag on a $35 tote, as 'an anti-status symbol.'   "My other car is a . . . " Times coverage here (I stole the headline from them).

A $30 Rolex? Post-purchase confusion?  Tarnishment or Chewy Vuitton? Jelly Kelly redux?  No copyright cause in the complaint btw.

Another case of coulrophobia in the offing.

HT Amanda.

Complaint Hermes Birkin Thursday Friday

Full post as published by Trademark Blog on January 31, 2011 (boomark / email).

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