Hermès achieved a significant legal victory on February 7, when a French court ruled in its favor against Blao&Co, a company accused of infringing on Hermès' copyrights and trademarks. The dispute centered on Blao&Co's sale of handbags resembling Hermès' iconic Kelly and Birkin bags, as well as a non-fungible token (NFT) linked to one of these infringing products. The court upheld Hermès' exclusive rights over the distinctive design elements of its handbags and recognized the padlock feature as a valid trademark, signifying the Hermès brand to consumers. Hermès initiated legal action against Blao&Co in 2022, claiming that the NDG Paris brand's lookalike bags and associated NFT violated its intellectual property rights. Blao&Co contended that the designs of the Kelly and Birkin bags lacked originality, asserting that their elements were commonplace in luxury leather goods and thus not eligible for copyright protection. Regarding trademark claims, Blao&Co argued that the padlock was a functional design used by various luxury brands and not uniquely tied to Hermès. They also claimed that the inclusion of their brand name on the padlock would prevent consumer confusion. However, the Paris Court of Justice rejected Blao&Co’s arguments, affirming the copyright protection of the Birkin and Kelly bags due to their unique design characteristics. The court also ruled that the padlock is a distinctive element associated with Hermès. Notably, the ruling extended Hermès' real-world rights to the digital realm, addressing the NFT aspect of the case. Ultimately, the court ordered Blao&Co to pay €220,000 in damages and €15,000 in legal expenses, emphasizing the substantial quality and price disparities between the brands, which mitigated Hermès' potential losses. The case is identified as Hermès International v. S.A.S. Blao & Co., RG n° 22/09210.
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