Legal Questions Arise as Walmart’s ‘Birkin’ Goes Viral on TikTok and Sells Out
A $60 Walmart handbag bearing notable similarities to the coveted Hermès Birkin has become TikTok’s latest viral sensation. Over the past few weeks, fashion enthusiasts have jumped into a heated discussion on the social media platform regarding the budget-friendly bag’s soaring popularity. In nearly a thousand videos published on the platform, viewers can find hardcore supporters of the original Birkin bag, while many advocate for the Walmart “dupe” and even teach potential buyers how to score them.
Aptly named “Wirkin,” the dupe can be found on Walmart’s website in listings from third-party sellers Kamugo, Bestspr, Ymtq and Judy. The Birkin look-alike is described as a genuine leather handbag purse for women and a tote shoulder bag. Prices vary from $60 to $299.98, depending on size and color. All listings on the retailer’s website are sold out, and although the third-party sellers may be profiting from the viral discussion on TikTok, questions about the dupe’s legality have been raised.
According to Douglas Hand, a fashion lawyer and a member of the business advisory committee of the Council of Fashion Designers of America (CFDA), Hermès could pursue a cause of action of trade dress infringement against Walmart and the respective third-party vendors selling the Birkin dupe.
“For an extremely valuable product like Birkin, which could be diluted and devalued through its overexposure, it would not be surprising for Hermès to take an aggressive approach,” Hand said, adding that Hermès “may seek to prevent what is called ‘post-sale confusion’ which is the circumstance where, even if the purchasing consumer knows the product is not genuine, Hermès’ reputation could be harmed by those who see others carrying the bags and think that Hermès is making shoddy product.”
In general, selling a dupe product can lead to an accusation of intentional copying. In trademark law, intentional copying refers to deliberately imitating protected elements of another company’s products to benefit from their reputation or confuse consumers, including similarity of design elements, evidence of intent to copy, actual confusion in marketplace, likelihood of consumer confusion and proximity in the market/price point. The latter could favor Walmart and its third-party sellers, considering the drastic price contrast from the dupes to the original Birkin bags, which can start at around $10,000 and go up to the millions.
“Price point disparity comes into play in a few ways,” Hand said, explaining that the alleged infringer could argue “that consumers would not be confused because they know that Hermès does not and would not sell a bag at that price point.”
On the other hand, Walmart’s marketplace also features third-party sellers offering what are claimed to be authentic Birkin bags from $12,000 to $40,999, which could be used to claim confusion in the marketplace. Hermès would have an even stronger case if any of Walmart’s third-party sellers intentionally infringed on the federally registered trademark “Birkin” to sell their dupes. Until Sunday, third-party seller Sulikehez had incorporated the words “Birkin bag” within its dupe listing before Walmart removed the page.
“To the extent Walmart is promoting the bag as the equivalent of, or an alternative to, the Birkin bag, it would be hard for them to deny that intentional copying,” Hand said.
Representatives for Hermès and Walmart did not return requests for comments ahead of publishing.
Hermès has a long history of defending its Birkin trademark and design rights for decades, targeting exact counterfeits and inspired designs. In 2011, Hermès filed a lawsuit against Thursday Friday for selling canvas bags with Birkin images. In 2012, Hermès won $100 million in damages after it sued 34 websites for selling fake Hermès goods, including counterfeit watches. In 2022, the luxury house sued Mason Rothschild, claiming the artist’s “MetaBirkins” NFTs amounted to trademark infringement.
Courts have generally favored Hermès, setting a strong precedent for protecting Birkin’s distinctive design elements.
“Generally speaking, the more famous the trade dress rights are, the greater the likelihood of protection,” Hand said.
Hermès wasn’t the only luxury house targeted by the viral dupe culture that gained popularity on social media in 2024. Dupe versions of Gucci’s horsebit loafers, Chanel’s quilted bags, Bottega Veneta’s woven design and Cartier’s Love bracelets were all over TikTok this year.
Hermès released the Birkin bag in 1984; it was designed by Jean-Louis Dumas after a request from Jane Birkin. Entirely made from hand, the bag has become one of the most coveted styles and is produced in limited quality.
During a recent interview for “60 Minutes,” Hermès’ artistic director Pierre-Alexis Dumas explained why the brand is “costly.” “I’ve always heard that Hermès is very costly. It’s not expensive. It’s costly,” he said. “Expensive is a product which is not delivering what it’s supposed to deliver, but you’ve paid quite a large amount of money for it, and then it betrays you. That’s expensive.”
Walmart’s version of the Hermès Birkin has taken over the internet
Budget-conscious buyers looking for luxury alternatives have flockedto Walmart’s Birkin bag look-alike, nicknamed the “Wirkin.”
The leather handbag available on Walmart’s website is a more affordable alternative to French luxury goods maker Hermès’ Birkin bag. ManyWirkins appear tohave sold out afterbuzz on social media.
Luxurybrands like Hermès have remained in the public eye, but their prices put them out of reach for most people. Nonetheless, bargain-hungry shoppers love indulging — making cheaper, high-quality duplicates appealing.
Fashion influencers also play into the hype of these look-alikes, which the rise of online shopping and cheap shipping prices, even from halfway across the world, have made more accessible than ever.
Hermès doesn’t sell itsbag online, but Maison de Luxe, a Los Angeles-based company that sells brand new and pre-owned Hermès bags, lists Birkin bags between $26,500 and $399,999. A “standard model” Birkin, which takes up to 40 hours to make by hand by a single artisan, can start at around $7,200 according to SACLÀB, a Munich-based marketplace.
Would-be Birkin buyers filed a lawsuit in March alleging that to buy a Birkin bag they first needed to purchase other Hermes accessories and items, effectively adding to the cost to snag one of the high-profile handbags.
On the flip side, the Walmart Birkin that has gained traction sells for as little as $78, depending on size and color. Kamugo, the maker of one Wirkin,says the purse is made with genuine cowhide leather but uses synthetic leather inside of the bag.
Kamugo isn’t the only brand to take a shot at Birkin dupes — BESTSPR, YMTQ and Judy are a few other brands listed on Walmart’s site that sell similar totes.
“The Walmart Birkin bag is called a Wirkin and it’s for the Wirkin class,” a TikTok user wrote.
Walmart did not respond to CNN’s request for comment.
The Birkin handbag is an example of a luxury item with a reputation for exclusivity.Many celebrities — Beyoncé, Cardi B and the Kardashian family are all devotees — sing about and post photos of their Birkin collections. A Birkin bag made of crocodile skin sold for nearly $390,000 at auction during the pandemic. The tote was originally designed with space for baby bottles for British actress Jane Birkin in 1984, who needed a spacious bag as a young mother, according to Hermes’ website.
Hermès is one of the top luxury goods companies by sales, which improved by 32% in 2022 — boosted by new stores in New York and Austin, Texas, according to a Deloitte report. The company’s leather goods and saddlery products, primarily led by the Birkin bag, accounted for 42.8% of the company’s revenue in 2022, Deloitte reported.
“…Hermes is laughing in yalls face making you jump through hoops to give them tens of thousands of dollars?? no!!” wrote a user on X, who added that the Walmart bag looks good as well.
High-end handbags are among the most frequently purchased secondhand fashion categories. Walmart also sells pre-owned Birkin bags online, which run for thousands of dollars, among a number of sites selling used Birkins and other luxury items.
Consulting giant McKinsey & Co. recommends that luxury fashion executives recognize the importance of a large swath of their customer base: those who buy at least one luxury item a year and spend between $3,000 and $10,000 annually.
These consumers account for half of luxury brands’ revenue. Only about 30% of these buyers make decisions based on logos, according to McKinsey & Co.
Walmart and Kamugo may have inadvertently tapped into that consumer base by providing another version of the handbag.
“Walmart has given them entry, like ‘here you go, here it is.’ It’s a similar shape, this one is more functional for your cross-body moms and you are allowed to do this…,” reality TV star Bethenny Frankel posted on TikTok.
Hermès isn’t the only brand having its products duplicated — Stanley water bottles, Skims bodysuits and Lululemon leggings are among pricey brands facing competition from affordable lookalikes.
Hermès did not respond to CNN’s request for comment.
“Dupes,” which are less expensive alternatives to household name brands without tacking on fake logos (meaning the item isn’t considered counterfeit, despite marked similarities to pricier originals), have racked up more attention online in recent years.
Steven Moy, chief client officer at luxury consultant G & Co., said dupes are inevitable. It’s reminiscent of how automakers Toyota and Honda received pushback for their luxury models, Lexus and Acura.
Some consumers have waited years for a Birkin bag, he said. Moy added that wealthy consumers, who are loyal to luxury brands like Hermès, won’t stop shopping because of these duplicates.
“The true ultra luxury, in that case, won’t be affected in the short run,” Moy said.
Some brands, like Lululemon, have hit back at dupes. The athleisure brand hosted a “dupe swap” in Los Angeles, promising its black Align High Rise Pant 25” in exchange for a duplicate pair.
Social media users have questioned whether buying a look-alike makes much sense, with one TikTok user saying “wouldn’t buy a fake one because I don’t even care to have a real one.”
The dupe manufacturers often operate without much transparency,and many brands don’t have a clear store origin. Kamugo, for example, doesn’t appear tohave a website.
Moy says accessories like the Wirkin and fast-fashion companies make luxury accessible, especially for younger crowds who may eventually shop at luxury brands.
“There’s no right or wrong answer. It depends on what audience you want to serve,” Moy said. “Do they want to reach those audiences or do you want to keep your core audience?”
CNN’s Ramishah Maruf contributed to this report.
Walmart is selling a $78 dupe of the Hermès Birkin bag that fans say is so realistic it makes the expensive one obsolete
This year, Walmart has proved itself to be the master of the dupe. The retailer has pulled in both lower- and upper-income households by offering low prices on goods that look high-end, including many items that seem to belong in a Pottery Barn or Crate & Barrel.
And the “Wirkin”—the replica of the illustrious Hermès Birkin bag—is perhaps the most popular of Walmart’s designer offerings. The $78 look-alike of the luxury purse—that retails from $10,000 to $40,000 for a new bag, or up to more than $300,000 on resale—is all over social media.
The Walmart Birkin, which is listed as "KAMUGO Genuine Leather Handbags Purse for Women," has blown up so much, in fact, that it appears to have sold out on Walmart’s website. Walmart didn’t immediately respond to Fortune’s request for comment on whether the product was completely sold out or would be restocked.
“No matter what your budget may be, we have something to offer,” a Walmart spokesperson previously told Fortune. “That can make people feel really proud of what they’re putting on their table food wise, or wearing apparel wise, or the makeup that they’re buying, from a beauty perspective.”
The Walmart bag is also reportedly made of leather and comes with the signature lock feature emblematic of the Birkin.
https://www.tiktok.com/@styledbykristi/video/7450220057646501166?q=walmart%20birkin%20bag%20wirkin&t=1735656452915
However, owners of authentic Birkin bags have been less than enthusiastic about the Walmart version of the exclusive purse. According to Sotheby’s, customers must have a purchase history with Hermès in order to buy a Birkin. Hermès didn’t immediately respond to Fortune’s request for comment.
“The bag you see on the Walmart website is not a Birkin,” one TikTok user said while holding up her authentic Birkin bag. “It is not made by Hermès. It has no affiliation to Hermès or to the Birkin. It is a duplicate. A copy. An inspired-by piece. It is not a Birkin. Please don’t think you’re buying a Birkin. Because you’re not.”
The Hermès Birkin, which the New York Times calls a “globally recognized emblem of status and wealth,” has become so expensive that the value of the bags has grown faster than both the S&P 500 and the price of gold—with a return on investment of more than 500% over 35 years, according to a study by online marketplace Baghunted
https://www.tiktok.com/@jermaingarcia8/video/7453185781746715947?q=walmart%20birkin%20bag%20wirkin&t=1735656452915
The Walmart Birkin bag craze is just the latest boon for the world’s largest retailer, which had a strong 2024. The company was particularly pleased with an increase in one customer base: people who make more than $100,000 a year.
“We had a really strong quarter,” Walmart CFO John David Rainey told Yahoo Finance after its third-quarter earnings report in November. The company saw gains in all product categories and income cohorts, and about 75% of its share gains came from households making more than $100,000 per year, Rainey said, a demographic typically associated with shopping at Target.
Mastering the dupe coincides with demographic changes in Walmart’s customer base. Although some wealthier customers may be able to technically spring for the “real thing” at a higher price, they’re also more concerned about finding the best value for a product, Kaveh Vahdat, founder and president of fractional CMO services company RiseOpp, previously told Fortune.
Walmart has “blended premium products with their hallmark affordability, making it socially acceptable for higher-income shoppers to say, ‘I got this at Walmart,’” Vahdat said.
This story was originally featured on Fortune.com
Walmart's $78 Birkin Dupe Is Causing Huge Debates on the Internet — Meet the 'Wirkin'
Dupe hunters, rejoice! Walmart has entered the luxury bag chat.
The retail giant's budget-friendly duplicate of the Hermès' Birkin — humorously nicknamed the Walmès Wirkin — had influencers and consumers desperately trying to get their hands on the $79 piece. The sold-out handbag, which Walmart describes on its website as a leather shoulder bag, was offered in 12 colors including orange, dark blue, pink, light blue, dark khaki and dark sky gray.
As the piece gained popularity and went viral, influencers like TikToker @lastinglooks noticed that another version of the bag was available, for more than double the price of Walmart's original at $198.88. Other renditions like KAMUGO's handbag, also sold out, retails at $102.
(The bags are not only sold out but are now not appearing on Walmart's website.)
"We are not looking for a $200 price point," the social media user said of the price boost, adding that she's already seen the purse on resale websites.
Still, TikTok star @jessi.my snagged two Wirkins, one sized at 30 and one at 35, and raved about both sizes.
Meanwhile, @wildunfiltered called out the lookalike as she held up her own handbag, one she said was a real Birkin.
She made it clear that Walmart's product "is not a Birkin ... it is not made by Hermés. It is no affiliation to Hermés or the Birkin. It is a duplicate, a copy, an 'inspired-by piece. It is not the Birkin.'"
"Please don't think that you're buying a Birkin, because you're not," she quipped.
Still, influencers like Dillon Reeds happily showed off his Walmart bag, dubbing it an item for the "Wirkin class" while Erica Stowlman Dowdy called it "one of the best things of 2024."
Walmart did not immediately reply to PEOPLE's request for comment.
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Brand-new authentic Birkin bags are hard to come by and have price tags in the thousands. The handbag was inspired by the late Jane Birkin and created by then-Hermès chairman Jean-Louis Dumas in 1984.
In an interview with Vogue in 2012, Birkin (who died in 2023) recalled the chance encounter with Dumas in 1981 that resulted in the bag's creation. During an Air France flight to London, Birkin was seated next to the French businessman. After the contents of her bag fell out, Dumas commented that she should "have one with pockets."
"'I said, ‘The day Hermès makes one with pockets I will have that,'" Birkin shared.
She said that she then suggested Hermès make a handbag that's "bigger than the Kelly but smaller than Serge’s suitcase," to which Dumas replied, “Well, what would it be like?” Birkin went on to explain her vision, sketching it out on a barf bag. The design was transformed into the Birkin we know today.
The handbag has become a status symbol among A-listers. Earlier this year, Kim Kardashian caused a frenzy online for casually placing her $50K+ handbag on the floor at a basketball game, while Cardi B showed off her six-figure collection. In a Dec. 4 episode of Vogue’s “What’s in my Bag” series, Dua Lipa shared the contents of her Birkin 35 bag.
