| Article Talk of the Day -- Trademark violation or humorous creativity? Focustaiwan 2011/04/08 16:43:14 | |
At Hermes' request, the Taipei District Court has ordered a provisional attachment on the merchandise in question -- a Banane Taipei canvass tote -- which allegedly carries images of famed Hermes Birkin bag. Banane has denied the charges. Since being launched, the brand has sold well and even cultivated its own celebrity following. The following are excerpts from local media coverage of the issue: United Daily News: Banana International spokeswoman Fu Chien-yu said the image imprinted on the Banane Taipei bag was not taken from Hermes' brand-named Birkin bag. "The image was a local creation and we used thermal printing technology to imprint it on our bag, " Fu said, adding that the image might look like a Birkin bag, but it was not an exact duplicate. Saying that the canvass tote bag is sold for just above NT$1,000 (US$34.48) , Fu argued it was unlikely that consumers would mistake any Banane bag as a Hermes Birkin, which costs hundreds of thousands of Taiwan dollars. Hermes' Taiwan branch would not reveal the amount of damages it has demanded from the Taiwanese company. The amount of compensation was not the focus, the company said in a statement. The lawsuit was purely aimed at protecting consumers' rights and reminding local manufacturers of the importance of respecting others' intellectual property rights. "We can only say that Taiwan's 'Banane bag' is so popular that it has attracted the attention of our French headquarters, " said Chang Wei-hsi, a Hermes marketing manager. A lawyer retained by the company said Hermes decided to file the lawsuit because the maker deliberately infringed upon the French company's trademark and copyright. According to the lawyer, the Banane bag imitates the Birkin bag's trapezoid shape, orange color and horse cart logo. Two years ago, Taiwan's Intellectual Property Rights (IPR) Court ruled that a local saleswoman should pay NT$250 million in damages to Hermes for selling four bogus Birkin handbags, in addition to publishing an apology to Hermes in major local newspapers. As a large number of Banane bags have been sold, the manufacturer may have to pay an extremely high amount of compensation if it is convicted of IPR infringement. According to Taiwan's Trademark Act, those who are convicted of trademark infringement should pay damages amounting to 500 to 1,500 times the retail price of the counterfeit product. Local legal experts estimate that the producer of the Banane bag may have to pay at least NT$740 million in damages if the IPR Court rules in favor of Hermes. Chu Yun-kuang, an initiator of Banane bag, once said the tote was created to honor a classic designer bag while promoting the idea of environmental responsibility. (April 8, 2011). Liberty Times: Responding to Hermes' accusation, Banana International's public relations manager Fu Chien-yu said in a message posted on Facebook that the Banane bag has not infringed on Hermes' IPR rights in any way. "We have our own trademark that bears a banana to symbolize the spirit of Taiwan, " Fu wrote. "Our tote is made of eco-friendly material and sold at an affordable price for everyone. ade 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." Fu believed Hermes has taken legal action out of a misperception of the creative concept of the Banane bag. "We deeply regret Hermes' accusation. We have retained a lawyer to help with legal matters," Fu added. The Banane bag has developed a cult status among local fashion-conscious consumers. Its fans include some popular entertainers and TV personalities. Local buyers generally have to wait for a month to get a Banane bag. It has also been exported to Hong Kong and China. The company launched its tote in four new colors on Wednesday, and the horse in its trademark was change. My Birkin Blog Says | This is an article related to HERMES Birkin Bags. My Birkin Blog and Bagopedia don't encourage counterfeit products. |
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