Hermès wins copyright and trade mark case over iconic Kelly bag - EU trade mark dispute: Rubik's Cube puzzle

Hermès wins copyright and trade mark case over iconic Kelly bag

On 26 June 2025, in case 23/11878, the Judicial Court of Marseille ruled against the owners of two boutiques in Saint-Tropez for selling handbags that imitated Hermès' iconic "Kelly" model.

Hermès and Hermès International filed the lawsuit after discovering in July 2023 that the La Tunique and Charm and Chic stores were exhibiting and selling handbags in their shop windows that closely resembled the Kelly model. A total of nine infringing products were identified, some of which were sold with dust bags that mimicked Hermès’ distinctive beige chevron fabric packaging with a brown drawstring.

The court pointed out that the Hermès Kelly bag has been protected by copyright since 1949 due to its unique aesthetic, which is the result of creative choices reflecting the designer's vision. Its defining features include its trapezoidal silhouette, side gussets, rotating clasp with hexagonal plates, and pearl-studded studs. Based on this, the court concluded that the seized handbags substantially reproduced all these elements and that using the Hermès name was not necessary for infringement to be established. 

Furthermore, the court ruled that the counterfeit handbags' closure system was visually identical to the one protected by Hermès’s international figurative trade mark no. 806207, thus infringing on that mark. According to the court, this similarity was sufficient for an average consumer to associate the products with the original brand, creating a clear likelihood of confusion or improper association, particularly given the context in which the products were sold (luxury boutiques located next to an official Hermès store).

As a result, the defendants were held jointly liable for damages totaling €100,000. Moreover, the court ordered that the judgment be published in three French media outlets at a cost of up to €5,000 per publication. It also prohibited the defendants from engaging in such activities within French territory.

EU trade mark dispute: Rubik's Cube puzzle

On 9 July  2025, the General Court of the European Union ruled on case T-1171/23, which concerned the invalidity of a three-dimensional trade mark consisting of a 3×3 version of the Rubik's Cube puzzle.

In 2013, the Greek company Verdes Innovations S.A. filed an application with the EUIPO seeking the invalidation of EU trade mark no. 5696232, owned by the company Spin Master Toys UK Ltd. The trade mark consisted of a cube with six faces arranged in parallel and perpendicular pairs, each face a different colour (red, green, blue, orange, yellow, and white) and divided into nine segments by black lines. The graphical representation included three-dimensional and front views of each face. The goods covered by the contested mark, for which invalidation was sought, fell under Class 28 of the Nice Classification, which includes toys, games, puzzles (including three-dimensional puzzles), and electronic and portable electronic games.

In the first instance, the Cancellation Division suspended the case pending the resolution of a similar case concerning a black-and-white version of the same cube (trade mark no. 162784). This case led to a ruling by the Court of Justice of the European Union (CJEU) on 10 November 2016 (case C-30/15 P, Simba Toys v EUIPO), in which the trade mark registration was annulled because its shape (a cube with a grid structure) served a technical function (the rotation mechanism), preventing it from being protected as a trade mark under Article 7(1)(e)(ii) EUTMR Based on this decision, the invalidity proceedings against Spin Master resumed in 2021. Both the Cancellation Division and the Board of Appeal ruled that the mark should be invalidated, as the colours applied to the six faces of the cube also fulfilled an essential technical function, enabling the puzzle to be solved and the faces to be distinguished.

The British company appealed against the decision before the General Court, which upheld the invalidity of the three-dimensional Rubik’s Cube trademark. The Court ruled that the cubic shape, the 3×3 grid structure on each face, and the colour differentiation between the small squares were all essential to achieving a technical result. Furthermore, the Court clarified that Article 7(1)(e)(ii) EUTMR applies when all a shape's essential features perform a technical function, even if minor non-functional elements are present. Although the trade mark featured six colours (red, green, blue, orange, yellow, and white), the Court considered that these colours served the practical function of distinguishing the cube’s faces and enabling the puzzle to be solved rather than being merely decorative. As such, they formed part of the functional shape. 

Likewise, it is worth noting that the General Court annulled three other three-dimensional trade marks owned by Spin Master Toys UK Ltd, representing versions of the Rubik’s Cube in 2×2, 4×4, and 5×5 formats. These decisions were delivered in cases T-1170/23 (trade mark no. 9975681), T-1172/23 (no. 9976135), and T-1173/23 (no. 9976788).