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April 8, 2011
Banane Bag Parody's Hermes Product Naming
Sometimes flagrant trademark infringement is just plain funny.
Take the Banane Taipei canvas tote, for instance that you can buy in Taiwan. Here is a tote bag that has luxury good giant Hermes up in arms.
Not only is Banane parodying its logo, it is making a canvas version of one of Hermes' best known products: the Birkin bag, favored by the rich and famous and every woman's dream according to one blogger.
The Banane logo, which has what looks like a deer or moose pulling a cart that looks like a banana on wheels, is an obvious nod to the unmistakable Hermes logo while the bag itself is pretty much an irreverent knock off.
One owner says it is "too cute to resist" and says that the bag is an "original concept" that is legal because, of course, people make posters of the Mona Lisa (this is some very lateral thinking about trademark law, let me tell you).
The Banane bag actually comes with a photo of the Birkin on it, which must be something of a nightmare for Hermes. The company argues that the image on the bag is not actually the Birkin, but a "local creation."
Hermes feels that their trademark and copyright are being violated as the Banane bag "imitates the Birkin bag's trapezoid shape, orange color and horse cart logo."
Banane retorts that "We have our own trademark that bears a banana to symbolize the spirit of Taiwan...Our tote is made of eco-friendly material and sold at an affordable price for everyone. We can hardly think that any consumer would mistake our tote for a Birkin bag" and just announced the launch of four new colors. You have to love the chutzpah.
I have no idea how this might turn out, but if Banane loses the fight it could prove rather expensive. They are being treated as counterfeiters, which is not really true. But the similarities between these products are are quite notable, even if the Banane bag is "eco-friendly."
In any event, this product is such a flagrant copy of the Birkin bag that it is hard to imagine that somebody hasn't looked into if there is a legal leg to stand on - at least in Taiwan.
Technorati Tags: Banane, Hermes, Birkin Bag, Trademark Dispute, Product Naming,
Posted by William Lozito at April 8, 2011 10:49 AM
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