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Hermès Urges Ninth Circuit to Reject Birkin Antitrust Claims

By  |  May 26, 2026
Hermes, MetaBirkins, lawsuit, trademark, NFT

Hermès is pressing forward in its effort to defeat a lawsuit accusing the company of unfairly restricting access to its coveted Birkin handbags through customer purchasing patterns.

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    The French luxury house recently filed a response brief with the U.S. Court of Appeals for the Ninth Circuit, asking the court to affirm a lower court ruling that threw out a proposed class action brought by consumers in California. The plaintiffs claim Hermès effectively requires shoppers to spend money on other merchandise before they can purchase Birkin or Kelly bags, according to a statement in the court filings.

    The dispute began in 2024 when plaintiffs Tina Cavalleri, Mark Glinoga, and Mengyao Yang sued the company in federal court. They allege Hermès sales associates favor customers who purchase items such as shoes, jewelry, scarves, and home décor when deciding who will be offered the opportunity to buy the brand’s most exclusive handbags. Per a statement in the plaintiffs’ appeal, that system allegedly raises the overall cost consumers must incur to obtain a Birkin bag.

    Hermès, however, argues that the lawsuit misunderstands how luxury retail operates and fails to meet the legal standards required for an antitrust claim.

    Related: Hermès Faces Renewed Legal Challenge as Consumers Appeal Birkin Bag Ruling

    In its appellate filing submitted May 20, the company said the plaintiffs did not demonstrate harm to market competition, which is a key element in tying claims under antitrust law. According to a statement in the brief, the complaint focuses primarily on customers’ dissatisfaction with the exclusivity surrounding Birkin bags rather than any broader competitive damage affecting rival sellers or related product markets.

    The company also disputed the plaintiffs’ argument that additional purchases amount to an indirect surcharge on Birkin bags. Hermès stated that even if some customers believe buying other products could improve their relationship with sales staff, that perception does not establish illegal coercion under federal antitrust rules.

    Hermès further maintained that its approach to allocating limited handbags is part of a legitimate brand management strategy. Per a statement in the filing, the company denied imposing any mandatory spending threshold for customers seeking Birkin bags and argued that its retail practices differ significantly from traditional unlawful.

    Source: The Fashion Law