They failed in their quest to buy Birkin bags. So they filed a lawsuit.

If you want to buy a Birkin bag, the pièce de résistance of French luxury retailer Hermès, you should know that you probably can’t.

Vogue delivered this tough love message to readers in a recent article who described the search for an Hermès bag as “daunting.” The magazine warned that customers “could wait months or years for the right style to become available” and further dashed hopes by noting that “waiting lists at Hermès stores no longer exist.”

The exclusivity of the item is a big part of its appeal – but a few California residents who have been rebuffed from their attempts to purchase the bags have decided enough is enough.

On Tuesday, the two shoppers in question, Tina Cavalleri and Mark Glinoga, has filed a proposed class action lawsuit against Hermès in San Francisco. In the complaint, they accuse the company of withholding the coveted bag from all but the highest-spending customers, a practice that, prosecutors say, violates antitrust law.

Hermès did not respond to requests for comment.

Ms. Cavalleri, who is identified in the lawsuit as a California resident, already owns at least one Birkin bag, according to the legal complaint. But she was thwarted in her attempt to buy a second one.

The lawsuit says Ms. Cavalleri “spent tens of thousands of dollars at Hermès and was forced to purchase other Hermès items, described as “complementary products,” before she had the opportunity to purchase a Birkin bag.

Mr. Glinoga, who is also identified as a California resident, had no luck when he tried to buy a Birkin bag, the complaint said. An Hermès sales associate instructed him to “purchase other items and accessories” at the store before he would be considered a potential customer for the in-demand item, the complaint said.

Hermès introduced the bag in 1984. It is named after Jane Birkin, the late French film star, singer and muse, who provided the idea for the overall design to Hermès CEO Jean-Louis Dumas while sitting next to him on an Air France flight . . In the origin story, she is said to have sketched her idea on a paper vomit bag.

The process of making a Birkin, as the handbag is known among connoisseurs, reportedly takes 18 to 20 hours and should be completed by one craftsman. Hermès does not disclose how many are produced annually.

A new one costs more than $10,000; vintage examples have fetched as much as $450,000 at auction. Another popular Hermès bag, the Kelly, is named after movie star (and Princess of Monaco) Grace Kelly.

At the heart of the lawsuit is the practice of “tying,” that is, selling a particular item to customers on the condition that they purchase another product from the same company.

“The law says it’s illegal,” said Shaun Setareh, a lawyer involved in the lawsuit on behalf of the two plaintiffs. “They prepare buying other products – scarves, belts, shoes, perfume, jewelry – before giving you the chance to buy a Birkin or a Kelly.”

Douglas Hand, a New York attorney who works with fashion brands such as Stella McCartney and Rag & Bone, said in a telephone interview that the definition of “tying” was somewhat amorphous and that the law left some room for the sale of goods in a bundle .

A judge, he said, is also more likely to rule that a sales practice is against the law when the item in question could be considered a necessity. An example might be a pharmaceutical company that grants access to life-saving medications only to those who purchase them along with other products.

“There aren’t too many reasons why every consumer needs access to a Birkin bag or a specific luxury item,” Mr. Hand continued. “What the consumer wants from this is access to class, access to exclusivity and access to a club that you get access to.”

Nevertheless, he acknowledged that the distinction between bundling and illegal tying could be difficult to parse.

“Therefore, the outcome will be very important for Rolex, Porsche and every luxury brand that has made access to the most exclusive items dependent on the purchase of less exclusive, unrelated items,” Mr Hand said.

After all, a large part of the demand for luxury goods – whether it is a Ferrari SF90 or a Rolex Cosmograph Daytona – stems from the fact that there is a shortage of supply.

“It makes the shopping experience exciting and attractive,” says Jacek Kozubek, a luxury watch dealer whose site, Tropical Watch, is largely devoted to vintage Rolexes.

During the pandemic, Mr. Kozubek decided he wanted to buy his wife a Birkin.

“I spent $60,000 on stuff at Hermès before I could get one,” he said, listing purchases such as shoes, scarves and home goods.

Toward the end of his spree, Mr. Kozubek said he entered the Hermès store on Grant Avenue in San Francisco and heard his salesperson utter the magic words: “Do you want to see a Birkin?”

Moments later, he found himself in a private room, nodding approvingly at a medium-sized Birkin in classic black with gold hardware. He said he left the store believing his previous purchases had helped him win the top prize.

Unlike the plaintiffs in the lawsuit, Mr. Kozubek said he believed there was nothing untoward about the way the sale was made, as Birkins trade on the secondary market at well above their list prices.

“Hermès keeps prices low compared to market value,” he said, “so when they allocate a bag, they want to give it to someone who will love it and support them.”

“You don’t get the coolest things in the world right away,” Mr. Kozubek continued. “If a Birkin were super accessible, there wouldn’t be a demand for it. If you could just buy it, it wouldn’t be fun. No one would care. No one would want them.”

So what makes a Birkin a Birkin is the fact that most people can’t get one?

“Hell, yes!” he said, inserting a cruder description.