The MetaBirkin: To Be or Not to Be At Jayaram Law, as a trademark attorney, Hérmes certainly believes that consumers will be confused into thinking that the MetaBirkins are made by Hérmes and carry the same high quality that Hérmes is known to deliver. To win a trademark infringement claim, Hérmes will need to prove the similarity and proximity of the goods along with the marketing channels used. in Lawyerwith trademark-attorney