Counterfeiting: Hermès has its copyright in its "anchor chain" jewellery recognised
After banning the reproduction (and sale) of its NFT bags earlier this year, Hermès has won a new battle against counterfeiting. For once, it's not the brand's famous bags that are in the hot seat, but its jewellery. In particular, models featuring its historic 'anchor chain' motif. In 2017, the luxury brand took legal action against a French company marketing a range of products reproducing the characteristics of its anchor chain jewellery. After lengthy legal proceedings, the case was recently concluded in May with the Cour de Cassation ruling in favour of Hermès, upholding the decision of the Court of Appeal.
The Court of Appeal's ruling of January 11,2022 confirmed the originality of the anchor chain jewellery. In particular, it found the company sued by the saddler guilty of copyright infringement and acts of unfair and parasitic competition. Contrary to the company's claims, anchor chain jewellery is not part of the public domain, the court ruled. They were deemed by the Court of Appeal to be protected by copyright, given the combination of their original characteristics.
The famous bracelet was created in 1938 by Robert Dumas, the first non-Hermès family manager since the company was founded (he married one of the Hermès heiresses), who was inspired by the chain linking tall ships to their anchors during a stay in Normandy. The bracelet is made up of a series of intertwined links forming a chain that fastens with a T-shaped clasp.
It was an instant success when it was launched on the market. The anchor chain bracelet, one of the best-selling bracelets in the world, became the brand's signature piece of jewellery, while the design has since been used in necklaces, long necklaces, cufflinks, rings and earrings. In its ruling, the Court of Appeal recognised that "Hermès Sellier is the owner of the economic rights in the jewellery entitled 'chaîne d'ancre' created in 1938 by Robert Dumas, for a period of 70 years from the death of the author, i.e. until January 1, 2049."
"In this positive decision, the Court held that the marketing and associated promotional investment in an entire range of jewellery used by Hermès for decades made the 'anchor chain' a flagship model for the luxury house. In a press release, the Union des Fabricants (Unifab) said: "The use of the main characteristics that refer, in the collective unconscious, to this house constitutes unequivocal fraudulent usurpation and unfair competition." The association for the promotion and defence of intellectual property rights, which brings together 200 companies from all sectors of activity, made the case public.
"This decision is to be congratulated because the judicial position supports the efforts of manufacturers to protect their creations and, in turn, their consumers, 37% of whom in France have bought a counterfeit product thinking it was genuine. Deception, swindling and fraud are the three main characteristics of counterfeiters," comments Delphine Sarfati-Sobreira, general manager of Unifab.
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