The internet loves a good deal, especially when it mimics luxury products seen on celebrities and influencers. Recently, a bag advertised on Walmart’s website as inspired by a famous design went viral as an imitation of the iconic Birkin bag by Hermès. Priced much lower than the Birkin bag—which often costs tens or even hundreds of thousands of dollars—the popularity of this bag has sparked debates on style, affordability, and most importantly, legality. So, is the viral Birkin bag imitation from Walmart actually legal?

What Defines an Imitation?

An imitation, in terms of the English word “dupe,” generally refers to an item inspired by or resembling a luxury product but not an exact copy. While an imitation aims to capture the essence of luxury without the corresponding price tag, it often walks a fine line between lawful inspiration and trademark infringement.

Understanding Hermès’ Intellectual Property Rights

Hermès has protected the Birkin bag through various forms of intellectual property rights. First, Hermès owns trademarks for the name “Birkin” and specific design elements of the bag, including the shape, handles, and clasp. Additionally, the bag’s recognizable silhouette, stitching, and metal details are protected as trade dress, which refers to the visual appearance of a product that signals its source.

When Does an Imitation Cross the Line into Infringement?

For a product to infringe Hermès’ rights, it does not need to be an exact copy. U.S. laws assess infringement based on:

1. Likelihood of Confusion: If consumers believe that the Walmart bag is associated with or approved by Hermès, it could constitute trademark infringement.
2. Dilution: Even without confusion, if the imitation diminishes the distinctiveness or reputation of the brand, it could lead to dilution of the trademark.
3. Substantial Similarity: For copyright infringement, a court would assess whether the Walmart bag copies elements of the Birkin bag that are original and protected.

Does Walmart Bag Cross the Line?

Although the Walmart bag clearly draws inspiration from the Birkin bag, the legality of its design depends on several factors, some of which favor Walmart and others favor Hermès. A key factor is branding—if the bag does not use the name “Birkin” or any other protected Hermès trademark, it is less likely to cause confusion among consumers. Additionally, the design’s similarity plays a significant role. If the bag resembles the style of the Birkin bag but omits key recognizable elements such as the specific clasp or stitching, it is more likely to be considered legal. Finally, the way the product is marketed could be decisive. If it is explicitly labeled as a “dupe of the Birkin” bag, this could attract further legal scrutiny due to the implied connection to Hermès.

Conclusion

The viral Walmart bag has highlighted broader tensions between luxury and fast fashion. While the legality of the bag depends on its specific design and marketing, it serves as a reminder that the line between inspiration and infringement is often blurry. For consumers, purchasing an affordable product inspired by a designer brand may seem harmless, but for brands like Hermès, it is a high-risk battle to protect their legacy.

This article is for informational purposes only and does not constitute legal advice. Should you require additional information, feel free to contact us.