The Offseason Tote, $129, gamedayluxe.com
The Hermès Birkin bag is a name that resonates with unparalleled craftsmanship, exclusivity, wealth, success, silent luxury, and old-money families. No wonder we’re all so obsessed. The “Boatkin” is just the latest handbag to test the boundary between homage and infringement.
“The Boatkin’s brief but meteoric run underscores how quickly the internet can turn an upcycled, tongue-in-cheek creation into a cultural phenomenon – and potentially, how equally fast such creations can vanish if they skirt too close to luxury brands’ most prized IP,” – Professor Susan Scafidi, Founder and President of the Fashion Law Institute.
The New York Times article
The “Boatkin”, a $1600 upcycled canvas tote made from vintage L.L. Bean totes, was a viral sensation. It gained popularity for its resemblance to the Hermès Birkin bag and its combination with L.L. Bean’s rugged Boat and Tote aesthetic.
After The New York Times covered their introduction by Hutton Hathaway and its founder Jen Risk in May, they have disappeared from her website. Risk has since shifted focus to two similar but distinct bags called the “Birdie”, $1575, and the Kissam, $1485.
The Birdie Fair Tote in Vintage Faded Blue, $1575, hathawayhutton.com
I sent Ms. Risk an email and asked her if the bag could still be custom-ordered, “Not anymore. There are too many dupes out there for it to make sense for me to put it back into production. But you can find one for $69 from China.”
According to Professor Scafidi, there is also a chance L.L. Bean was behind the sudden stop of “Boatkin” sales; but that seems a bit less likely, since Hathaway Hutton would have something of a first sale argument to make (save for the glaring material difference issue) given that it is using authentic Boat and Totes to craft the Boatkins.
The Boatkin, $165, luxboattote.com
The “Boatkin” was such a great idea, it inspired countless moderately priced knockoffs of the knockoff and spawned an entire category of luxe boat totes. They all have the signature sangles and Tourette’s. These are the straps and clasp that fasten the bag, providing both functional security and visual appeal, and they all have solid brass hardware.
Lalo Jute Monogram Tote, $159- $360, mytindy.com
The color of the trim, the shape, and size might vary, and not all have frayed edges, but the totes are made of the same heavy canvas with reinforced stitching. One notable exception is the “Lalo” Monogram tote, $159 – $360, made of sturdy jute in Morocco. It comes in 4 sizes, has tie-dye bandana fabric-covered handles, is fully customizable, and, having launched in 2023, it predates the “Boatkin”.
The Velantra Boat Tote, $99 velantrafashion.com
Many of the bags I’ve seen online either don’t have a Birkin-style flap at all or the flap is hidden in their images. These bags are more likely to avoid or survive a legal challenge, despite the obvious nod to the Birkin belt and hardware, observes Professor Scafidi.
However, a few companies are unapologetic in their reference to the original $1600 design. They not only call their product “Boatkin”, but they also claim that buying it will save you $1500.
Someone tried to alert Jen Risk on her Hathaway Hutton Instagram account about an online store, Velantra, selling “copies” of her bags, in hopes that she can stop them from “ripping off her designs”. I asked Ms. Scafidi if Ms. Risk can take legal action. The answer is no.
Ms. Risk’s bags were Birkin / L.L. Bean mashups, but a bit too close to Hermès for legal comfort. It’s a complex legal landscape, and it’s unlikely that she could bring an action, since she doesn’t own the trademarks. Even if there is some creativity as well as imitation involved on her part, it’s notoriously hard to protect designs under U.S. law — unless they’re as famous as the Birkin or nearly so.
Gucci sweater was Alessandro Michele’s response to all his persistent imitations. ebay.com
Professor Scafidi is reminded of a Gucci sweater from the Alessandro Michele era. Knitted into the front is the phrase ‘copie delle copie delle idee’ — that is, copies of the copies of the ideas. This is essentially Michele’s protest of all the persistent imitations and a powerful commentary on the importance of originality in fashion culture.
“Dupe culture is so ascendant at the moment that I’m starting to think humans are even less creative than AI!” – Susan Scafidi.
Limited Edition reusable grocery bag, $23, stickybestie.com
Speaking of copies of copies, etc., STICKYBESTIE’S generously sized Limited Edition reusable grocery bags, $23 – $30, are printed with images of the Hermès Birkin and the instantly recognizable Gucci and Louis Vuitton monogrammed duffels. I contacted the European-based online store, stickybeast.com, and asked if they were concerned about trademark issues.
Limited Edition Grocery Bag, $30, stickiebestie.com
In an email, Lilly, STICKYBESTIE’s head of marketing, said that they are not doing anything wrong as they do not copy any large brands, and they do not sell 1:1 brand product copies. Their photo prints are “inspired”; they don’t use brand names or original logos, and many other brands are selling similar products without any issues.
Limited Edition Grocery Bag, $30, stickiebestie.com
“It’s an IP urban legend that copying everything but the logo is always legal,” says Ms. Scafidi, who quickly points out that trademarks are not limited to names and logos, but rather include a wide range of things that can indicate to consumers the source of a product. The shape of the Hermès Birkin is itself a registered U.S. trademark, as are the Louis Vuitton toile pattern and Gucci’s green-red-green stripe.
“While it’s notoriously difficult to predict whether a parody defense will be successful, when the court laughs, the defendant tends to win,” -Susan Scafidi, Fashion Law.
As Professor Scafidi points out, a company can try to be clever, make a few changes in an imitative product so that even post-sale confusion (that is, confusion about the origin of the bag when others see the purchaser with it) is unlikely, and gird their legal loins for battle — but as a business strategy, it’s about as reliable as a paper grocery bag in a downpour. In other words, STICKIEBESTIE should not be complacent.
Then again, there’s always the parody defense…
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