Hermès has prevailed in a trademark fight over the 3D shape of its iconic Birkin bag in Japan.

Following a win in June when the Tokyo District Court determined that Kabushiki Kaisha Tia Maria (“Tia Maria”) had engaged in trademark infringement and passing off, the defendant handbag-seller appealed to the Japan IP High Court, arguing that, among other things, there are visual dissimilarities between the two parties’ bags, as well as marked differences in the prices and the quality of their offerings.

Unpersuaded by Tia Maria’s arguments, the High Court sided with Hermès and ordered the defendant to pay JPY2,900,000 in damages.

Handbag Design