Counterfeiting of Hermès’ iconic sandal model: Paris Court of Appeal confirms copyright protection

On dated July 11, 2025 (CA Paris, July 11, 2025, No. 23/17558), the Paris Court of Appeal found Mulanka guilty of copyright infringement against Hermès Sellier. It confirmed the copyright protection of the Hermès “Oran” and “Izmir” sandal designs.

In this case, Hermès Sellier claimed copyright ownership of its iconic “Oran” and “Imzir” sandal designs, recognizable by their H-shaped uppers. It accused Mapinko of selling mules in its store that bore a strong resemblance to the ‘Oran’ and “Izmir” sandals.

At first instance, the Paris Court of Justice (July 7, 2023, No. 20/06667) found against the defendant, recognizing the infringement of copyright. However, it rejected the claims based on design infringement and unfair competition.

As a result, Hermès Sellier appealed on the grounds, primarily, of recognizing the acts of copyright and design infringement in France. Secondarily, it aimed to recognize acts of unfair competition and parasitism.

Regarding copyright ownership

Hermès Sellier claims to have registered the French design for sandals entitled “Oran” (No. 971181-040) on February 26th, 1997. Its “Oran” and “Izmir” sandal designs are widely marketed and are very successful. These designs are protected by several commissions and rights transfer agreements dated between 1991 and 2002.

In addition, Hermès Sellier establishes that these sandals are sufficiently original to be protected by copyright. This is particularly due to their sleek and distinctive design: flat sole, single leather upper cut to form a stylized “H,” inspired by African tribal motifs. The defendant, Mulanka, has not provided evidence that the Hermès designs are part of a common pool of leather goods designs.

In conclusion, the Court of Appeal confirmed that the “Oran” and “Izmir” sandals are original works. They reflect the imprint of their creator’s personality and are therefore eligible for copyright protection.

On the counterfeiting of designs and models

Hermès Sellier accuses Mulanka of marketing sandals that reproduce the essential characteristics of its protected models “Oran” and “Izmir.”

The defendant disputes the counterfeiting, arguing that there are differences in shape, finish, and materials. However, the Paris Court of Appeal points out that counterfeiting is assessed on the basis of similarities, not differences, with the original protected elements.

The Court of Appeal therefore confirms that certain designs are sufficiently different not to constitute counterfeiting. On the other hand, it overturned the judgment at first instance. It found copyright infringement for models 1155 and 1180, which reproduce the distinctive features of Hermès sandals (in particular the “H”-shaped upper).

On unfair competition

This was raised as an alternative argument and was not examined, as the infringement was partially upheld.

In conclusion, IP owners can rely on various types of IP rights, such as copyright, to take action against infringers and counterfeiters. The important first step is securing your innovations through obtaining the relevant IP rights and then rolling out a brand protection strategy. Our Brand Protection team can help with.