HUMOUR DOESN’T ALWAYS PROTECT AGAINST TRADEMARK INFRINGEMENT! 👜⚖️
The French court – the Versailles Court of Appeal – ruled that the use of slogans referencing Hermès and Birkin on handbags may infringe trademark rights, even if the message was intended to be humorous. 🇫🇷🏛️ The case concerned handbags bearing slogans such as ‘My Hermès is at home’ and ‘While waiting for My Birkin’. 👜💬
The conclusion? 🤔📉
Parody, meme-based context or humour are not always sufficient as a defence, especially when the mark is used commercially and capitalises on the reputation of a well-known brand. 🛡️❌ For brands and creators, this is an important reminder: creativity in marketing has its limits and the trademarks of luxury brands are protected very broadly! 🚀💎
