Hermès, the renowned luxury brand famous for its iconic handbags, has achieved a significant victory in its ongoing battle against counterfeiting. While the brand has previously taken action to ban the reproduction and sale of its NFT (non-fungible token) bags, this latest triumph focuses on its jewelry line. Specifically, Hermès has successfully defended the copyright of its historic ‘anchor chain’ motif.
In 2017, Hermès took legal action against a French company that was marketing products imitating its anchor chain jewelry. After a lengthy legal battle, the case recently concluded in May with the Cour de Cassation ruling in favor of Hermès. This decision upheld the previous ruling of the Court of Appeal.
On January 11, 2022, the Court of Appeal affirmed the originality of Hermès’ anchor chain jewelry. The company accused of copyright infringement and unfair competition for selling products with similar characteristics was found guilty. The court explicitly stated that the anchor chain jewelry is not in the public domain and is protected by copyright due to its unique combination of original features.
The anchor chain bracelet, designed by Robert Dumas in 1938, quickly became a sensation and remains one of Hermès’ top-selling accessories. Inspired by the chains that connect tall ships to their anchors, the bracelet features intertwined links that fasten with a T-shaped clasp. Over time, this design has been adapted for necklaces, cufflinks, rings, and earrings, solidifying its status as a signature piece of Hermès jewelry.
The Court of Appeal’s ruling confirmed that Hermès Sellier holds the economic rights to the ‘chaîne d’ancre’ jewelry created by Robert Dumas until January 1, 2049. This 70-year duration from the author’s death acknowledges the investment made by Hermès in marketing and promoting the ‘anchor chain’ jewelry over the decades, establishing it as a flagship model for the luxury brand.
The Union des Fabricants (Unifab), an association for the promotion and defense of intellectual property rights, commended the court’s decision. Unifab emphasized that the use of Hermès’ distinctive characteristics in counterfeit products constitutes fraudulent usurpation and unfair competition. With 200 member companies spanning various sectors, the association underscored the importance of protecting creations and consumers from counterfeit goods.
Delphine Sarfati-Sobreira, the general manager of Unifab, expressed her support for the court’s ruling and emphasized the need for combatting counterfeiting. Sarfati-Sobreira highlighted that 37% of consumers in France have unknowingly purchased counterfeit products, shedding light on the deception, swindling, and fraud associated with counterfeiters.
This ruling not only safeguards Hermès’ anchor chain jewelry but also serves as a positive precedent for other manufacturers seeking to defend their creations and protect their consumers. The battle against counterfeiting holds critical significance not only for brands but also for consumers who deserve genuine and authentic products.
Useful links:
– Hermès Official Website
– Union des Fabricants (Unifab) Official Website
