Hermès Beats Birkin “Tying” Case in N.D. Cal.—Key Takeaways for Scarcity-Driven Brands

Posted by Matthew Akiba, Esq. in on September 19, 2025.

A California federal judge dismissed—with prejudice—the proposed class action claiming Hermès illegally conditioned access to Birkin (and Kelly) bags on customers’ prior purchases of scarves, jewelry, home goods, etc. The court found the plaintiffs failed to plausibly define a relevant market, show Hermès had market power in the “tying” product, or allege anti-competitive harm in any coherent “tied” market—pointing out that market share does not equate to market power and that lumping varied ancillary goods together was legally insufficient.

Photo by Henry Chen on Unsplash
Photo by Henry Chen on Unsplash

Even under a per se tying theory, the judge emphasized that reserving a highly coveted product for top spenders “is not an antitrust violation” absent foreclosure of competition. Federal claims were dismissed with prejudice; the court declined supplemental jurisdiction over remaining California claims.

Pretty nice blueprint for luxury brands that manage access via spend histories or relationship selling: it appears that scarcity and gatekeeping alone don’t violate U.S. antitrust law without credible market definition, power, and competitive harm. Still, brands should align access policies with clear disclosures to minimize false-advertising and unfair and deceptive trade practices allegations, maintain consistent clienteling documentation, and avoid practices that could be framed as exclusionary conduct if market dynamics shift.

Akiba Law PLLC is a boutique law firm based in Miami, Florida. The firm represents artists, creators, brands, entrepreneurs, collectors, galleries, and businesses in matters involving art law, intellectual property, trademark protection, copyright, contracts, business disputes, and brand enforcement.

warning Disclaimer

This article is for general educational and informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Akiba Law PLLC or any attorney. Florida law may apply differently depending on the specific facts, legal issues, and parties involved. Individuals and businesses should consult qualified legal counsel about their specific circumstances. For questions, concerns, or additional information, please contact Akiba Law PLLC to speak with a qualified attorney.

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Law for Founders Law for Precious metal dealers Law for Curators Law for Startups Law for Influencers Law for Auction houses Law for Modeling agencies Law for Museums Law for Art dealers Law for Authenticators Law for Stylists Law for Videographers Law for Entrepreneurs Law for Talent managers Law for Jewelry designers Law for Photographers Law for Trade shows Law for Streetwear brands Law for Fashion brands Law for MCNs Law for Art insurers Law for Sample rooms Law for Brand ambassadors Law for Retailers Law for Gemologists Law for Art advisors Law for Conservators Law for Podcasters Law for Talent agencies Law for Appraisers Law for Artist estates Law for TikTokers Law for Bloggers Law for Fashion designers Law for Jewelers Law for Art galleries Law for Content creators Law for Beauty brands Law for Artists Law for Interior designers Law for Youtubers Law for Fashion models Law for Eyewear brands Law for Streamers Law for Art collectors Law for Luxury brands Law for Art logistics providers Law for Hospitality groups Law for Comedians Law for Luxury marketplaces Law for Event producers

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