Fashion enthusiasts dreaming of the Hermès Birkin bag got a pre-holiday surprise when Walmart.com listed a facsimile bag nicknamed the “Wirkin” on social media. 

TikTok creator Kristi Stephens (@styledbykristi) set the internet abuzz with her unboxing video on December 19, racking up nearly 9 million views.

Unlike counterfeit luxury goods, which cost the industry billions annually, the Wirkin wasn't marketed to deceive buyers. Milt Springut observes that “the Walmart Wirkin bags raise intriguing legal questions. Some online commentators have highlighted the striking similarity between the Wirkin and Birkin bags. Others have suggested that most people might not discern the difference when someone is carrying one,” he continued.  Milt concluded by stating, “Ultimately the decision to pursue legal action against Walmart rests with Hermès. Such action would depend on the brand’s assessment of the potential impact on its reputation and the merits of the case under trademark law.”