Hermès has been sued over claims it unlawfully allows only customers with “sufficient purchase history” with the company to buy its famous Birkin bags.
Two residents in California allege Hermès is violating antitrust laws by “tying” the sale of one item to the purchase of another, according to the proposed federal class-action lawsuit filed on Tuesday in San Francisco.
The company’s sales associates are driving the scheme by pushing customers to buy shoes, scarves, jewellery and other items to gain an opportunity to buy a Birkin, the lawsuit said.
‘Only consumers deemed worthy can purchase one’
Consumers cannot purchase a Birkin online from Hermès, and the leather bags – which are handcrafted and can cost thousands of dollars each – are not displayed for sale in the company’s retail stores, according to the lawsuit.
“Typically, only those consumers who are deemed worthy of purchasing a Birkin handbag will be shown a Birkin handbag (in a private room),” the lawsuit claimed.
Hermès sales associates do not earn commissions on Birkin bag sales and are instructed to use the handbags “as a way to coerce consumers to purchase ancillary products”, according to the complaint.
Image: File pic: Reuters
‘Icon of fashion’
The lawsuit calls the Birkin handbags an “icon of fashion”.
In 1981, Birkin was reportedly sat next to Hermès chief executive Jean-Louis Dumas on a flight from Paris to London, according to L’Officiel magazine.
Following a conversation between the two about how difficult it was to find a bag that could fulfil Birkin’s needs as a mother-of-two, the Birkin bag was born.
Image: Jane Birkin with the bag she inspired
Mr Dumas designed the bag on the spot and named it after Birkin when it came into production in 1984, according to reports.
The handbag went on to become a status symbol, with some fetching well over $10,000 (£7,638).
The lawsuit said it was seeking class action status for thousands of US consumers who bought Hermès goods or were asked to buy them in order to purchase a Birkin.
Hermès operates about 43 stores in the United States, including eight in California.
The plaintiffs are seeking unspecified monetary damages and a court order barring Hermès’ allegedly anti-competitive practices.
Cardinals have failed to reach the required two-thirds majority in their first vote to choose a new pope in the Vatican.
Black smoke emerged from the Sistine Chapel chimney at 8pm, indicating they had been unable to agree.
Crowds in St Peter’s Square had been kept waiting longer than expected and most were hoping for the white smoke that signals the arrival of a new pontiff.
Image: People in St Peter’s Square as black smoke emerged from the Sistine Chapel. Pic: Reuters
There was only one vote today, but from Thursday the 133 cardinals will hold two votes in the morning and two in the afternoon until at least 89 pick the same name.
The conclave started on Wednesday afternoon after cardinals swore an oath of secrecy and the doors of the Sistine Chapel were shut to the outside world.
They have given up their phones and are cut off from the outside world until a new pope is chosen.
The most recent conclaves – for Pope Francis in 2013, Pope Benedict XVI in 2005 and Pope John Paul II in 1978 – all lasted less than three days.
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1:00
Doors close as conclave begins
The voting takes places beneath Michelangelo’s legendary frescoes and the chapel – normally a packed tourist site – has installed tight security.
It’s been swept for listening devices, signal jammers have been installed, and its windows have been covered to protect from spy drones.
Lead seals have also been put on 80 doors at the conclave site to stop people going in and out.
The cardinals will sleep and eat at the Casa Santa Marta, a guest house within the Vatican where Pope Francis lived, until the process is over.
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1:01
What happens during a conclave?
Image: The cardinals are voting in the splendour of the Sistine Chapel
They cardinals began Wednesday by taking mass, before a solemn two-by-two procession into the Sistine Chapel in the afternoon.
Dresses in their red garb, they chanted the Litany of the Saints and Veni Creator – a hymn imploring the saints to help them find a new leader.
They then each came forward to take an oath of secrecy, placing a hand on the gospel and also promising not to allow any outside influence.
The final piece of theatre was the Latin declaration “Extra omnes” (“everyone else out”) and Archbishop Diego Ravelli, an aide to the late pope, pushed the the doors shut.
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0:27
Cardinal wishes Pope frontrunner ‘double best wishes’
Conclave is beginning 16 days after Pope Francis’s death, which came after a long hospital stay with pneumonia.
Many experts believe it will come down to a choice between someone who will continue his progressive approach and a more conservative candidate.
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1:02
Conclave: Behind the scenes
Image: The temporary stove where cardinals will burn their ballots. Pic: AP
Among the favourites is Luis Tagle, a cardinal who could become the first Asian pontiff, and who’s been likened to Pope Francis.
Two Italians are also seen as strong contenders: The Archbishop of Bologna, Matteo Zuppi, and the so-called “deputy pope” Pietro Parolin.
The pope’s identity is normally revealed soon after the white smoke emerges, when he steps onto the balcony to wave to the crowds in St Peter’s Square.
It’s hard not to view the motivating factor behind Vladimir Putin’s latest unilateral ceasefire in Ukraine as one of timing.
Starting today, the three-day truce coincides with Russia’s lavish celebrations to mark the 80th anniversary of victory over Nazi Germany.
The main event will be a huge military Victory Day parade on Red Square on Friday, where the Russian president will be welcoming more than two dozen world leaders, including China’s Xi Jinping.
Ukrainian president Volodymyr Zelenskyy has dismissed the ceasefire proposal as theatre, and a cynical ploy by Mr Putin to protect his parade, rather than human lives.
It’s certainly true that the Kremlin wants to put on a good show – not just for its guests but for the rest of the world.
The arrival of so many heads of state, including the leaders of Brazil, Egypt and Vietnam – is a major PR coup for Moscow, and a chance to show the West that its efforts to isolate Russia have failed.
Image: Venezuelan President Nicolas Maduro, left, with Vladimir Putin in Moscow ahead of the Victory Day parade. Pic: AP
Image: Chinese President Xi Jinping arrives in Moscow ahead of Victory Day celebrations. Pic: Reuters
Image: Brazilian President Lula da Silva arrives in Moscow ahead of Victory Day celebrations. Pic: Reuters
Announcing the guestlist earlier this week, Kremlin aide Yuri Ushakov claimed it was “an indicator of Russia’s growing authority in the world”.
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With that in mind, a Ukrainian attack on the parade would be seriously embarrassing for Mr Putin.
In theory it could happen – Kyiv hasn’t committed to the ceasefire, instead calling for a 30-day pause, and has said it can’t guarantee the safety of foreign dignitaries who are visiting Russia – but I think it’s highly unlikely.
Image: Russian infantry vehicles during preparations for the Victory Day parade. Pic: Reuters
It would risk damaging relations with Donald Trump, whose stance regarding peace talks appears to have shifted recently in Kyiv’s favour.
But Ukraine is still doing its best to disrupt the preparations here. Multiple drone attacks over the past few days have forced Moscow’s airports to repeatedly suspend operations, just as foreign leaders have been flying in.
Serbia’s president Aleksandar Vucic reportedly took 10 hours to reach Moscow after his flight had to stopover in Azerbaijan. While more drones targeted Moscow just before Mr Xi touched down on Wednesday afternoon.
It’s an attempt by Ukraine to humiliate Mr Putin, and to convey to his guests how much it disapproves of their visit, which it regards as a show of support for Russia’s invasion.
Pakistan’s prime minister has pledged to retaliate after India’s deadly missile strike, saying the country will “now have to pay the price” for their “blatant mistake”.
In a televised address on state broadcaster PTV, Shehbaz Sharif responded to Wednesday’s attack in Pakistan’s Punjab province and Pakistan-administered parts of Kashmir, which a military spokesperson said had killed at least 31 civilians and wounded 46.
“For the blatant mistake that India made last night, it will now have to pay the price,” he said. “Perhaps they thought that we would retreat, but they forgot that… this is a nation of brave people.”
India said it struck nine Pakistani sites that provided “terrorist infrastructure”, which India said was the source of attacks against it. India’s defence minister claimed no civilian population was impacted.
Islamabad insisted that none of the locations targeted in Pakistan were militant camps.
Image: Bilal Mosque after it was hit in Muzaffarabad, the capital of Pakistan-administered Kashmir on Wednesday. Pic: Reuters
India explained its strikes were in retaliation for the terrorist attack on 22 April, in which at least 26 people were shot dead by gunmen at a beauty spot near the resort town of Pahalgam in the India-administered part of Kashmir.
Hindu-majority India and Islamic Pakistan have fought two of their three wars since independence in 1947 over Muslim-majority Kashmir, which both sides claim in full and control in part.
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Indian forces attacked facilities linked to Islamist militant groups Jaish-e-Mohammed and Lashkar-e-Taiba, two Indian military spokespeople told a briefing in New Delhi, in what New Delhi called “Operation Sindoor”.
Indian foreign secretary Vikram Misri said the strikes were to pre-empt further attacks on India.
Pakistan’s military says exchanges of fire continued late Wednesday along the Line of Control, the border between it and India in Kashmir.
Pakistan also claimed it shot down several Indian aircraft on Wednesday, including three fighter jets that fell in India-administered Kashmir and India’s northern Punjab state.
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0:29
Trump: ‘I get along with both’
Calls for restraint
Donald Trump said he wants to see India and Pakistan “work it out. I want to see them stop, and hopefully they can stop now. And if I can do anything to help, I will be there”.
There were also calls for restraint from UN Secretary-General Antonio Guterres, China, Russia and the UK.
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3:16
Malala calls for de-escalation
Nobel Peace Prize Laureate Malala Yousafzai told The World with Yalda Hakim that India and Pakistan “have to unite against the forces” trying to divide them.
“I hope that Pakistan and India and the international community will come together in this moment to try to de-escalate the tensions and promote peace, start a dialogue, because that is the only forward for all of us,” she said.
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Separately, the UK’s Foreign Office has advised Britons against all travel within 10km of the India-Pakistan border.
It has warned against travelling to the region of Jammu and Kashmir – including Pahalgam, Gulmarg, Sonamarg, the city of Srinagar and the Jammu-Srinagar national highway. The advice also suggests avoiding Manipur, in northeastern India.