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... 😅
Can both sides of this be seen? On one hand, Hermés and similar French brands are backed by a massive political movement there protecting the “Made in France” badge. It’s something that’s hounded other artisans in the past. I recall a cohort of Hermés crafts people making bags using genuine materials and techniques for Asian buyers on the side. Another was this one https://hypebae.com/2021/2/hermes-counterfeit-ring-sentenced-charged-prison-jail
Surely someone must have realised that sometimes the bear pokes back.
Whatever the case, I can categorically assure this - I’m glad it wasn’t me!
Yeah I agreed that while replicating something for personal use is completely different from having it as a business model. The thing I find interesting is that he says "learn how to make some of the most famous bags in the world" rather than "learn to make a Kelly", as you (Phil) already mentions above brands copy each others designs all the time. Almost every brand has a Kelly clone yet I am yet to see Hermes sue any of them, and while it is a bit heavy handed I would imagine Hermes intentions were probably for it to act as a deterrent to others rather than actually caring about the money 🤷♂️
I also feel that if this was a brand using machines and computers I would probably be more sympathetic to Franc however, Hermes still employs skilled artisans to hand make their bags which makes it a little closer to home for a leatherworker.
I'm with you, if you want to make something for yourself then that's fine but I can't understand why people feel that it's ok to sell those things to other people. To me, that's the same as those yahoos selling their cheap bootleg shirts outside of stadiums for sporting events and concerts for half to a third of the price, bunch of scumbags who have to rip off other people's hard work because they aren't talented enough to make their own stuff, plus most of those shirts are printed horrible and will wash out in 5-10 washes. I also used to be a screen printer and would have people calling asking to make shirts with designs with like disney cartoons and warner brothers and stuff and they didn't understand that it's completely illegal so that kinda stuff really gets to me. Also being a musician and audio engineer, any covers that I've recorded and released have all had the proper licenses that I've paid for. You can't just straight copy someone else and make money from it. Well, you can, but not legally so I think they were in the right. Does it suck for Franc Atelier? It sure does, and like you said it seems more of a cultural norm in that part of the world for it to be ok, but teaching people to make their own knockoffs who for the most part might just be happy to have their own thing but potentially are now able to start their own business selling said knockoffs is not cool. Just because you think these companies charge too much (or whatever your justification for ripping them off and trying to make money from it) doesn't negate the fact that they've built up highly successful companies and a lot of hard work has gone into what they've been doing for a very long time. I don't know, I just had a bunch of coffee and this kind of stuff really riles me up.