In addition to our “top” cases of 2024, most of which are still playing out in courts across the U.S., there is an array of new fashion-centric lawsuits that were filed in 2024 that we will be keeping an eye on this year – from an anti-competition case filed against Hermès over its allegedly illegal system for allocating Birkin bags to a case waged against Kim Kardashian by the Donald Judd Foundation over “dupe” furniture. Here are a few of the lawsuits that we have our eyes on in 2025 …
HERMÈS’ BIRKIN BAG SALES “SCHEME”
In one of the most headline-making fashion cases of 2024, Hermès is being accused of antitrust and unfair business practices in a case that centers on the sale of Birkin bags. According to the complaint that a trio of consumer plaintiffs filed against the brand in a federal court in California in Mar., Hermès has taken advantage of the “market power” that results from the “unique desirability, incredible demand and low supply” of its Birkin handbags in order to increase the prices of – and profits it earns from – its Birkin bags, while also boosting its sales of other Hermès products.
Hermès has argued in its defense that the case stems from the plaintiffs’ “frustration in not being able to purchase additional Birkin handbags,” including for resale purposes, not from merited antitrust, false advertising, fraud, or negligent misrepresentation causes of action and thus, the case should be dismissed in its entirety.
GUCCI MUST FACE CASE OVER “ETHICAL SOURCING” CLAIMS
Gucci is being sued for allegedly engaging in deceptive business practices and unjust enrichment as a result of “fraudulent” claims that its exotic skin products are “ethically-sourced.” In an order in October, a federal judge in Illinois sided with the plaintiff, in part, refusing to dismiss the lawsuit against Gucci, but enabling its parent company Kering to sidestep the suit due to a lack of jurisdiction.
> THE BIGGER PICTURE: Claims that center on the operations of the companies’ suppliers are undoubtedly part of the reason that luxury goods companies are readily snapping up players that comprise their supply chains.
STEVE MADDEN V. GANNI: A DUPES CLASH
Steve Madden and Ganni are clashing in a case that squarely centers on the phenomenon of dupes. The dispute stems from Steve Madden’s GRAYA and SANDRIA shoes, which Ganni claimed infringed two of its hot-selling shoe designs. Since Madden filed suit, Ganni conceded that it holds no rights in the designs in the U.S. and filed a covenant not to sue with the court.
Among Madden’s arguments on the infringement front: Ganni was engaging in “anticompetitive efforts to monopolize common design features in the fashion industry.”
DONALD JUDD SUES FURNITURE CO., KIM K OVER DUPES
The Judd Foundation made headlines this past year when it lodged trademark and copyright infringement, false advertising, and unfair competition claims against Clements Design and Kim Kardashian in March for respectively making and selling, and passing off fake Donald Judd furniture as the real thing in a promo video for her SKKN BY KIM brand.
The Foundation alleges that Kardashian’s “false statement” that she had “Donald Judd” furniture “was heard by nearly 4 million people who were erroneously led to believe that Donald Judd and Judd Foundation endorsed, sponsored, or were otherwise affiliated with Kardashian and her brand,” thereby, harming Donald Judd’s “goodwill, reputation, and integrity.”
> The sheer level of Kim Kardashian’s “fame exacerbates the harm here, as her false statement [included in the video] was seen by millions of viewers.”
The Donald Judd name drop by Kardashian is, according to the Foundation, an attempt by the star to align herself and her brand with Donald Judd “for the benefit of the SKKN BY KIM brand.”
This is a short excerpt from TFL’s Year in Review, which was published exclusively for TFL Pro+ subscribers and dives into everything from deals that further consolidated the fashion/luxury segments over the past year to the rise in ESG-centric actions from regulators and consumer plaintiffs – and the increasing focus on fashion brands in shareholder lawsuits. Inquire today about how to sign up for a Pro+ subscription and gain access to all of our content.
