Hermès Squashes Dupe Sandals in French Appeals Court

Image courtesy: hermes.com

Does it seem like everyone everywhere is wearing the popular Hermès Oran sandals? Whether on a city street or by the shore, the H design flat is the shoe du jour, and has been for several years. Known for its clean design with the minimalist H design, and as one of the more affordable ($1,000 range) luxury Hermès items, providing an immediate upgrade to flip-flops (sorry, Ashley and Mary Kate Olsen and The Row’s summer hit Dune sandal ) and Birkenstocks.

The ever-increasing ubiquity of the Oran, though, likely is not due to a massive supply download by Hermès. Sandals resembling the Oran, but not actually made by Hermès, are resplendent, and Hermès has cracked down, now with a big court win.

In 2020, French television aired a segment highlighting a Paris-area store that sold a sandal that looked like the Hermès Oran. A raid by anti-counterfeiting authorities identified the supplier as Mulanka, and Hermès sued under French copyright law and to protect its 1977 registered design. It won in court on several counts regarding both the Oran and its male version, the Izmir sandals.

Last month, as detailed in luxjuris.com the Paris Court of Appeal confirmed the copyright infringement of these Hermès sandals. This is a case where the design itself – and not a falsely labeled product – violated intellectual property rights.

With dupe culture in full swing, will Hermès be targeting all offenders? The Wirkin disappeared from Walmart, though other “inspired by” bags remain available from multiple sources. Recently, Hermès also sued two boutiques in Saint-Tropez for selling Kelly imitations. It won.

Should we expect to see more lawsuits? Perhaps. But we also expect the allure of dupes to continue. The ever-popular idea of “get the look for less” has been around for decades and shows no signs of waning, especially as budgets get tight. Determining whether it’s too close is a detailed and expensive gambit, but one that Hermès seems likely to pursue.