DWN - Walmart’s $60 “Wirkin” bag raises questions about legal loopholes in e-comm

Walmart’s $60 “Wirkin” bag raises questions about legal loopholes in e-commerce platforms and the viral culture of dupes

The viral “Wirkin” bag exposes the legal gray area of online marketplaces and their accountability for third-party sellers. As Hermès defends its iconic Birkin brand, debates in the digital age grow over intellectual property rights, trade dress, and consumer confusion.

Digital Worldwide News

January 1, 2025

The "Wirkin" bag has garnered massive attention on TikTok, where thousands of videos either praise its affordability or criticize its similarities to the original Birkin.

A $60 handbag resembling Hermès’ Birkin bag, sold by third-party vendors on Walmart’s website, has become a TikTok sensation. While the product has sold out, the spotlight is now on the legal gray areas of online marketplaces, raising questions about liability, oversight, and brand protection.

The viral "Wirkin" bag is just the latest example of third-party sellers leveraging major platforms to distribute lookalike products. Unlike counterfeit items, which explicitly claim to be from a brand, dupes like the Wirkin fall into a gray area.

Legal experts point to "trade dress" as a potential issue. Trade dress refers to the unique design or packaging of a product that identifies its maker. Hermès could argue that the Wirkin harms its exclusivity and leads to “post-sale confusion.”

However, third-party sellers complicate accountability. Walmart, like Amazon and eBay, acts as an intermediary, often avoiding direct liability for products sold through its platform. This legal shield may be why dupes flourish.

Douglas Hand, a fashion law expert, explains, “Platforms use their marketplace model to claim minimal responsibility. But with big-name brands involved, this strategy might not hold.”

In recent years, lawsuits against platforms have challenged this practice. For example, in 2019, Amazon was held liable for defective products from third-party sellers in California courts, setting a potential precedent for trademark cases.

Viral Fame, Real-World Consequences

The “Wirkin” isn’t the only viral dupe making waves. TikTok’s #dupe hashtag has amassed over 4 billion views, showcasing alternatives for luxury brands like Gucci, Chanel, and Cartier.

This trend raises concerns for established brands. A 2023 study by the International Trademark Association found that 65% of consumers struggle to differentiate dupes from authentic products in online marketplaces.

For Walmart, the stakes are high. Alongside $60 dupes, their platform lists third-party sellers offering “authentic” Birkin bags for up to $40,000, creating a confusing market. If consumers mistakenly believe these listings are endorsed by Hermès, the luxury brand could claim damages.

Walmart has removed listings referencing “Birkin” following public scrutiny. Yet, Hermès is no stranger to defending its brand, winning landmark cases over knockoffs, from canvas tote bags to NFTs.

This case highlights a growing need for stronger marketplace oversight. Experts argue that platforms should implement stricter vetting processes to prevent intellectual property violations.

For now, the “Wirkin” phenomenon underscores a broader issue: the clash between viral trends and legal frameworks in the digital age.