Three Californians aren’t ready to let go of their quest for a Birkin. They’ve filed a notice of appeal with the 9th U.S. Circuit Court of Appeals, aiming to revive a class action lawsuit against Hermès over the notoriously elusive handbag.
The dispute began last year when the plaintiffs claimed Hermès’ sales strategy—requiring purchases of scarves, jewelry, and other accessories before customers could even hope to secure a Birkin—breached U.S. antitrust law. According to the shoppers, this layered approach unfairly limits access, leaving many admirers without ever reaching the coveted bag.
Hermès pushed back, calling its practices a standard part of a competitive market for handcrafted luxury goods. U.S. District Judge James Donato sided with the fashion house last month, noting that the plaintiffs hadn’t clearly defined a relevant market or shown Hermès held market power. “It may be, as plaintiffs suggest, that Hermès reserves the Birkin bag for its highest-paying customers, but that in itself is not an antitrust violation,” Donato wrote.
Undeterred, the plaintiffs are betting the appeals court might read the situation differently. Their legal team contends that Hermès’ tiered purchasing rules effectively block countless shoppers, raising broader questions about fair competition.
The saga of Tina Cavalleri et al v. Hermès International et al keeps the Birkin—fashion’s ultimate status symbol—under legal and public scrutiny.
