Brian Brokate Quoted in the World Intellectual Property Review Article: Will Walmart’s Birkin Gambit be Worth it in the End?

IP Partner Brian Brokate was quoted in the article “Will Walmart’s Birkin Gambit Be Worth It in the End?” for the World Intellectual Property Review which explores French luxury brand Hermès® and Walmart’s lookalike “Wirkin’ bag. According to the article, priced at $78-100, the budget-friendly bag mimics the aesthetic of the original Birkin, which ranges from $10,000 to over $500,000.

Brian shares his thoughts on trade dress infringement considerations. The article states that Brian “believes that while the budget chain could face legal action for trade dress infringement and potential dilution of the Birkin brand, he agrees it could offer a strong counter argument: the Wirkin may be a dupe but isn’t duping anyone.

Brian is also quoted, stating “Walmart’s likely first defense would be that this is not an infringement, but rather a ‘copy’ product: we’re not trying to confuse anyone – we’re offering a product priced around $80, while a Birkin costs thousands. No one will mistake the two.”

Read the full article.