Hermès settles lawsuit against Thursday Friday over Birkin tote

Posted by Charles Colman

LAW OF FASHION is eager to address the IP conundra conundrums issues posed by the recently settled case of Hermès v. Thursday Friday.  For those not previously following the case, it hinged on a $35 tote bearing an image of a $6000 Birkin bag:




Good clean fun, or improper free-riding?  Looks like the federal courts won't be deciding, and LOF is in a rush and will have to get back to the case at a later date.  In the meantime, here are the court filings, via Scribd, via me, in case you have time to kill and want to weigh the competing arguments:


Hermès Complaint


Thursday Friday's Motion to Dismiss (with brief)


Hermès Opposition Brief to MTD


Thursday Friday's Reply Brief in Support of MTD


Judge Hellerstein's (very concise) order denying MTD


Thursday Friday's Answer to Hermès Complaint


Case docket showing that the parties have settled


[This post is for entertainment and informational purposes only, and does not constitute legal advice or create an attorney-client relationship among any individuals or entities.  Any views expressed herein are those of the writer on the particular date of this post, and should not necessarily be attributed to his law firm or its clients.]