In a judgment of April 10, 2025, the Paris Civil Court (Le tribunal judiciaire de Paris) ruled in favor of the luxury brand Hermès in a dispute over copyright and trademark rights to Hermès silk scarves (case no. 22/10720).

Previously, the company Atelier R&C had sold upcycled denim jackets under the Maison R&C label, offering customers a selection of silk scarves from the luxury brand Hermès. The existing denim jackets could be personalized by incorporating authentic silk scarves from the luxury brand Hermès.

Course of proceedings

Because the luxury brand had not consented to the use of its scarves, it unsuccessfully issued a warning to the company on August 21, 2021, demanding that it cease selling the upcycled jackets using Hermès silk scarves.

Hermès filed a lawsuit with the Paris Civil Court, seeking, among other things, a declaration of copyright and trademark infringement, as well as injunctive relief and damages.

The scarves are protected by copyright as individual intellectual creations with artistic depth (Articles L.111-1 and L.112-1 of the Intellectual Property Code; IPC). The commercial and unauthorized use of the scarves bearing the Hermès brand name also constitutes an infringement of its trademark rights (Article L.713-2 IPC).

Hermès sought, among other things, compensation for the damages caused by the infringement of copyright and trademark law, as well as for the non-pecuniary damages caused by damage to its reputation.

The court ruled in favor of the luxury brand Hermès. Specifically with regard to the infringement of copyright and trademark law, it granted the claim in full and ordered an injunction and public disclosure of the judgment.

What makes the Hermès Silk Scarves luxury items?

The silk scarves of the luxury brand Hermès are iconic and partly handcrafted luxury products. They are world-renowned for the outstanding quality of their silk, the elaborate roulotage finish of the hem, their square shape (carré), and their distinctive motifs.

Many of the artistic motifs reference themes such as horse riding, carriages, ships, or history and culture. These date back to the origins of the luxury brand Hermès, which began in 1837 in a Parisian saddlery workshop owned by Thierry Hermès.

The first silk scarf, called "Jeu des omnibus et dames blanches," was created in the 1930s and depicts an elegant group of ladies surrounded by colorful circles and carriages. Guillaume de Seynes, Managing Director of Hermès, commented: "The design is by my grandfather, Robert Dumas. He was very creative and artistic."

Up to 48 colors can be used on one scarf. These come from the luxury brand Hermès’ in-house library, which has over 75.000 different shades to choose from.

The designs of the 2.000 motifs to date are collaborations with various artists, who transfer the usage rights to Hermès. Perhaps the most iconic design, "Brides de Gala," for example, was created in collaboration with illustrator Hugo Grygkar. Other world-famous square silk scarves include "Brazil," "Astrologie," "Voitures à transformation," and "Peuple du vent."

"At Hermès, we always work close to perfection," explains Henri d'Origny, Hermès' most experienced and famous shawl maker. Production from design to the finished scarf can take a full two years.

In the 1950s and 1960s, the scarves became box office hits and enjoyed great popularity among celebrities such as Grace Kelly, Audrey Hepburn, and later Jane Birkin.

Today, the scarves remain an integral part of the Hermès range and absolute status symbols. With their timeless elegance and outstanding quality, they delight customers of luxury brands around the world.

How does Copyright law protect luxury brands?

Copyright, as an intellectual property right, has the task, among other things, of protecting the intellectual property of iconic motifs, such as those on Hermès scarves.

To the extent that a "personal intellectual creation" exists, copyright arises under German law as an industrial property right without registration in a register (see §§1 and 2 (2) of the Copyright and Related Rights Act (Copyright Act); UrhG).

Copyright grants the creator exclusive exploitation rights to their work (§§11 et seq.; §64 (1) UrhG). In other words, third parties are generally prohibited from exploiting the author's work without their consent.

National regulations are largely harmonized through minimum harmonization within the European Union (EU) and the case law of the European Court of Justice (ECJ).

How does Trademark Law protect luxury brands?

Trademark law aims to establish and maintain the recognition value and unique, distinctive quality standards of luxury brands such as Hermès on the market.

As an intellectual property right, trademark law protects designations for goods or services in commercial transactions (see §3 (1) of the Trademark Protection Act; MarkenG).

Trademark law protects a sign by granting only the registered trademark owner the right to use it or a similar sign (§§14 et seq., 4 MarkenG; see Article L.713-2 IPC). This protects consumers of luxury brands from confusion with similar products.

Through its function of origin, trademark law ensures that buyers of luxury brands can identify the products of the corresponding brand and enjoy the same quality standards.

In addition to national regulations, trademark law is almost completely harmonized within the EU.

What exactly was the legal dispute about?

The court initially addressed a possible copyright infringement. The question to be clarified was whether the scarves were protected by copyright.

The opposing party argued that Hermès had not provided evidence that the motifs on the scarves in question were original works. It was necessary to provide concrete proof that the individual scarves and their motifs were "individual intellectual creations with artistic expressiveness" (Art. L.111-1 IPC; cf. §§2 (2) and (7) UrhG).

The opposing party further argued that, if any copyright protection existed at all, it had expired due to exhaustion. Since these were genuine scarves placed on the market, the principle of exhaustion applied to their incorporation into the jackets.

This constitutes a restriction of copyright in favor of the free movement of goods. It permits the further distribution of legally acquired products that were placed on the EU market by the copyright holder (see §§17 (2) UrhG).

The opposing party also invoked environmental protection pursuant to Article 37 of the Charter of Fundamental Rights of the European Union (CFR), arguing that the upcycled jackets were "eco-responsible." They contributed to sustainability in the sense of the common good and therefore did not constitute copyright infringement. They were also subject to the protection of artistic design (Article 11 CFR).

With regard to trademark infringement, it was undisputed that the luxury brand was the owner of the French word mark Hermès (No. 1,558,350), registered since 1936.

The question, however, was whether the use of the Hermès logo and name on the upcycled jackets constituted an infringement of trademark law through unauthorized commercial use (Article L.713-2 IPC, cf. §14 (2) Number 1, Number 2 MarkenG).

The defendant assumed that there was no likelihood of confusion. Customers could recognize that these were not original products of the Hermès luxury brand and thus did not exploit the brand's reputation. The use was purely descriptive in nature.

How did the court decide?

The court first comprehensively examined whether the motifs in question on the silk scarves were protected by copyright.

With regard to the "Gaucho" design, the court explained: "The combination of the arrangement and interweaving of the various elements testifies to free, aesthetic choices that give the work a distinctive appearance and bear the personal signature of its creator."

With regard to the other scarves, it also found that they constituted "original creative works" pursuant to Articles L.111-1 and L.112-1 of the ICCPR. In this case, a personal imprint of the author (empreinte de la personnalité) could be established and proven.

Regarding possible exhaustion, the court explained that there was no evidence of the lawful acquisition of the scarves.

Regardless of this, the incorporation of the scarves into the upcycled jackets had already created a new commercial product, which excludes exhaustion (cf. ECJ, C-419/13).

The scarves had been modified in such a way that a commercial "change of medium" relevant to copyright law had occurred. This goes beyond a mere resale, which could fall under exhaustion.

The court rejected the artistic design argument on the grounds that the opposing party had not provided a coherent argument as to "what the artistic character of these products – beyond the Hermès scarves – is supposed to consist of."

With regard to environmental protection, the court found that there is neither a statutory nor a European Union provision "that recognizes upcycling per se as a justification for the infringement of intellectual property rights."

The scarves had their own market value as second-hand products, and there was "no evidence that the scarves were so damaged that they could no longer be sold as a whole. Therefore, the conversion into jackets was not necessary."

Regarding trademark infringement, the court ruled that the incorporation of the Hermès branded scarves into the upcycled jackets constituted unauthorized trademark use: "The defendants themselves admit that they are using the trademark to indicate the origin of the scarves used. This is trademark use, not purely descriptive use."

Furthermore, the court held that there was no exhaustion of trademark rights, as there was a commercial transformation and not a mere resale (Article L.713-4 IPC; cf. §24 MarkenG).

Résumé

With its ruling, the Paris Civil Court strengthens the protection of iconic luxury products in the case of commercial reuse. It clarifies that copyright and trademark law must apply without restriction even in the context of sustainable upcycling projects.

This is especially true when products that have their own market value are processed without the consent of the rights holders. In the present case of the luxury brand Hermès, the unique quality and craftsmanship inherent in the roulotage finish of the hem are significantly devalued.

"The ruling underscores that copyright and trademark law must remain effective and be protected even in the context of reuse and processing of luxury products," says Leon van Lee, dtb-lawyer and expert in trademark law and luxury brands.

Status 31.07.2025