TARGET AUDIENCE : Fashion influencers and celebrities with aesthetic taste in fashion
KEYWORD PHRASES : HERMES VS. NAMILIA, FASHION BATTLE
BLOG POST CONTENT :
Namilia, a renowned Berlin based brand is popular for it’s bold fashion taste which often results in controversies.
The title of it’s recent fashion show was “IN LOVING MEMORY OF MY SUGAR DADDY”
Namilia stressed on how men objectify women.
The collection of Namilia this time featured the Birkin bags in form of tops, dresses and skirts to gather the attention of the public. It is astonishing that the word BIRKIN was actually used in the media coverage of the collection. It was a new concept for everyone because of which everyone was blown away, but it was not in case of HERMES, another luxury brand.
HERMES sent suit to NAMILIA to not to display images of the collection due to trademark rights.
brand collection
ARTISTIC FREEDOM VS TRADEMARK RIGHTS
The suit was brought infront of Frankfurt District Court in Germany.
The court evaluated the suit and gave a decision in favour of Namilia.
The brand was allowed to keep the collection online and use it as long as Namilia is not getting financially benefitted. The court also focused on this fact that Namilia “presented a collection that is thematically about female stereotypes and the acceptance of prejudices in the form of feminism. but the Hermes bags represent a status of symbol. if the Namilia could start selling the garments of the brand then the Hermes could file against them for the trademark rights.
In final decision, the court found that Namilia’s use of the Birkin designs does not denigrate or disparage Hermès’s trademark.but, such use “serves as the reference point of luxury goods that society aspires to,” the court stated. also, the court maintained that the reference to the Birkin bag is only one part of the overall staging and that in using the Birkin bag design, Namilia reinterprets in its own artistic performance and does not enter into the pull effect of trademark of Hermes that serves solely as a means to an end.
NOT A TOTAL WIN WIN FOR NAMILIA!!!!!