Hermes continued to deny any wrongdoing, and the judge responded that, “Hermes can run its business any way it wants...the fact that a lot of Hermes customers may not be able to get a Birkin bag is not a Hermes antitrust problem.”

Indeed, a company can produce as it wishes or more precisely, as it thinks is most profitable. Calling it a birkin rather than a bag is much like calling a deranged man a woman and letting him into the women's restroom. However, the company still has a right to produce at the rate it desires.