Balenciaga Has No Easy Answer For The Harry Potter Meme

“Any luxury brand’s intellectual property becomes a bit like a generic Lego piece, able to be placed … [+] wherever anyone wants in the digital world,” said Milton Pedraza, The Luxury Institute.

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Update: Comments from attorney Milton Springut were added after posting on April 12 @ 12:40 p.m.

Balenciaga, the luxury brand owned by Kering, is making news again after being caught up in a cultural firestorm late last year when it featured children in what many considered an over-sexualized way. Now it is facing another threat: dilution through satire.

YouTuber demonflyingfox reimagined the Harry Potter cast of characters as Balenciaga models, poking fun at the self-important imagery and styling of the brand. The 55-second video was released about a month ago and has garnered over 6 million views.

The dangers are many with letting people run off with a luxury brand’s carefully-crafted cues and clues. The brand loses control of its image and risks diluting its desirability. And it confuses people about which messages come directly and authentically from the brand and those from the fans.

The Balenciaga memes pose interesting legal questions, observed intellectual property attorney Milton Springut with Moses Singer. If the brand name is used in a manner that implies endorsement or association with a product or service without permission, it could constitute trademark infringement; likewise, if copyrighted images or designs are used, it could violate copyrights.

“Memes that use Balenciaga’s intellectual property in this way could potentially damage the brand’s reputation, justifying legal action,” he said.

Yet, Kering-owned Balenciaga isn’t any ordinary luxury brand. Under the creative leadership of Demna and guided by its CEO Cédric Charbit, Balenciaga has positioned the luxury brand as more than a creator of exquisitely styled and crafted fashion but as a cultural construct and touch point.

The meme’s closing line captures its tongue-in-cheek essence, “There is no good and evil. There is only Balenciaga and those too weak to seek it. Balenciaga.”

The original video’s popularity has spawned a host of other popular films interpreted through the Balenciaga lens, including Star Wars, Lord of the Rings and Breaking Bad.

Fellow Forbes.com contributor Dani Di Placido explained the meme phenomenon: “Generative AI is often used to blend clashing aesthetics together, to create the kind of images that burn in your brain, and subsequently go viral.”

Balenciaga seems ripe for the clash because its imagery is both so recognizable and provocative. But appropriating the aesthetics and styling of a luxury brand to make a joke of it, even a mockery of it, seems something no luxury brand would take lying down.

Balenciaga As A Cultural Construct

Observing that luxury is stepping down from its pedestal and mingling in the current social and cultural conversation, Alessandro Balossini Volpe, professor of business management and strategy at Istituto Marangoni and ISTUD, said:

“Balenciaga spearheaded an ongoing process of transformation: from the original couturier’s approach, centered on fabric selection, shapes, silhouettes, tailoring, etc., into being ‘culture-centered.

“High fashion has always been a cultural expression, but today, the cultural concept is designed first, and clothes are one of the many ways this culture is expressed. No wonder that Balenciaga can resonate so easily with contemporary expressions of pop culture.”

Ironically, Balenciaga has taken a meme approach to designing fashion. Its re-imagined Ikea tote bag for $2,000+ is perhaps the best example, which Ikea took on the chin and made a joke of it. “Get the original for just $0.90,” it’s ad stated.

But now the shoe is on the other foot, and Balenciaga is the subject of the joke.

Appropriating Brand Image

Milton Pedraza, CEO of The Luxury Institute, sees only troubles ahead for brands when meme creators co-opt their intellectual property.

“Otherwise, any luxury brand’s intellectual property becomes a bit like a generic Lego piece, able to be placed wherever anyone wants in the digital world. That’s not ok. It can redefine and damage your brand equity.”

Of note: a company spokesperson confirmed the company was not involved with the creation of the meme but did not provide further comment. And @demonflyingfox Twitter profile states it is not affiliated with Balenciaga.

Luxury brands are fiercely protective of their intellectual property and brand image. In 2011 Christian Louboutin sued Yves Saint Laurent for appropriating its signature red soles on a pair of shoes. A lengthy legal battle ensued with Louboutin eventually granted trademark protection over red soled shoes.

Gucci, Kering-owned sister brand of Balenciaga, sued Forever 21 for using their trademarked blue-red-blue and green-red-green stripes on its clothing and accessories, with the suit settled before trial in 2018.

And Balenciaga was on the receiving end of a trademark infringement suit brought by Car-Freshener Corporation for appropriating its protected tree-shaped air freshener tag in a keychain. That suit was settled in mediation.

However, attorney Springut said the issue with these memes is not so legally clear-cut. “Memes are often created and shared for humourous or satirical purposes and could be found to be commentary or parody protected under the doctrine of fair use,” he said.

“Since memes are generally regarded as a form of cultural expression and social commentary, Balenciaga may find that taking legal action could lead to negative publicity and retaliation from consumers who enjoy the memes, ultimately affecting their support of the brand.”

He thinks the more prudent course would be for Balenciaga to grin and bear it. “Balenciaga could have a sense of humor and choose to let the memes disseminate as a form of free publicity or as a way to connect with a younger audience.”

Taking Lemons And Making Lemonade

Under Demna, Balenciaga has fearlessly walked on the cultural edge, and perhaps the brand will see the upside to having so many people introduced to the brand through characters they’ve come to love in film.

“This might be a good thing. It clearly shows that the brand is not dead, even after its recent horrific cultural misstep. Humor generated spontaneously by the audience is the highest form of cultural relevance a brand can get,” said Dr. Martina Olbert, The Meaning Expert and founder of the consultancy Meaning.Global.

“I wouldn’t pursue legal action. It shows a spontaneous brand rebirth done by people. It says Balenciaga is still current and people care about it,” she added.

Professor Volpe saw the positive upside too. “Brand awareness can spread at the speed of light, particularly among the volatile, scarcely loyal younger generation. The potential impact on brand image can be very strong, as brands are instantly perceived as the most advanced, forward-thinking expressions of contemporary culture.”

At the same time, if Balenciaga doesn’t do something, anything, it is dangerously close to being a here-today, gone-tomorrow fad or worse, being written off as a joke.

The dictionary definitions of the word mockery are anything but nice: “Insulting or contemptuous action or speech; subject of laughter, derision or sport; a counterfeit appearance; an insincere, contemptible or impertinent imitation; something ridiculously or imprudently unsuitable.”

Luxury brands, at their core, have to be aspirational, so Dr. Olbert calls on Balenciaga to use the Harry Potter meme as inspiration for its own campaign to celebrate, rather than denigrate the brand.

“Use the gist of this meme and create your own videos on various subjects that reinforce values of the Balenciaga brand and build on the momentum. It can serve as a great vehicle for Balenciaga to get back into the limelight after a dark stint that harmed its image and reputation. Use it to your advantage and create your own campaign,” she advised.

And she warned that with the rapid adoption of AI and user-generated-content through social media, more brands are going to face this dilemma. Instilling more meaning into the brand is the solution.

“That’s why creating strong brand meaning that can act as an authentic signature is the greatest insurance that a brand can get. If you can’t create this authentic meaning, you will be easily copied by others,” she said.

“The proliferation of AI poses an amazing opportunity to luxury brands to switch focus and develop their own proprietary meaning now to protect themselves in the future. Meaning will be the most important brand asset,” she concluded.