I found this article completely by accident today while looking for a bag design that I believe Hermès copied from Louis Vuitton. Ironic given the nature of this post (More information about that coming in the April podcast available HERE)
Link to the article (or click the image):
The leathercraft teaching business in question is Franc Atelier from Korea. Unfortunately I can't seem to find a website or active social media account, so I assume their business is over.
There aren't a lot of details regarding how this came about, whether a cease and desist warning was given, or if Hermès took the company straight to court in Korea.
On the one hand I understand Hermès and their reasons for seeking compensation from a business teaching students how to fake their bags. However I think 'forcing a large payment for damages' may be a little heavy handed for a (I presume) small business. I hope it was at least a limited company!
I think culturally, 'homage' bags are less frowned upon in East Asia vs most western countries based on what I have seen online, YouTube and social media etc. It doesn't seem to be as big of a deal. Hermès obviously see things differently.
But don't misunderstand me, I don't think it's wrong for someone to make a big brand's bag design if they are creating it for themselves and adding their own logo, or not logo at all.
However, profiting from the creation of obvious fakes without permission, or at least changing the design in some way is where I personally draw the line.
What are your personal thoughts on this? Comment below.
This is a very tough topic, but I can understand why Hermès sued this small company.
When I was in art/technology school, we had to learn about intercellular property and rights (==copyrights). I remember what my professors emphasized… and he said not to do an “exact copy” of other people’s work!
1. Making a counterfeit products for profits are considered as PIRACY and you can go to jail for it. As it said on that article, they got verdict in violation of UCPA: Copyrights, but the article didn’t indicate what was the result of that verdict. I sure will be scared of H, if I was in this situation because they are a wale, with one gulp, I will be swallowed deep down into H’s stomach!
2. These big designer brands has very similar look of Kelly or Birkin bags, because their designs may have started/inspired from Herès bag, but we all know it all started from LV… yet, they don’t sue each other for it is because they are not an “exact copy!”
Within the copyrights, you can make your own copy for yourself or friends and family members, but cannot make a profit out of it and you can also come up with similar design which doesn’t considered as a copyrights infringement. Have you heard of a term, “copy(fake) it until you make it?” Lol. Basically, if there is no financial benefits from making a copy, you are safe.
I think as an artist/artisan, we have to respect other artist’s intellectural properly more because, these artisans put so much of work for it and their product gets stolen from them? What would you feel, if someone steals your work and said, “ I made that!” I would be irate!
In addition, H’s bag is extremely expensive, I mean, it is about a cost of a car! But people still wants it! It is obvious they have enough of clients who keep buying their bag, but can anyone have an access to these bags? I think, not
…
I think counterfeits gets created because people wants these bag but don’t want to pay the full-price for it. I think H’s high mark-up on their products created its own problems!
Now I 'm curious about pay scale for artisans who works at H... 😅