Fashion Law 101: Counterfeits
What exactly is a counterfeit anyway? You have likely heard the term and if you have been to Canal Street, Sante Alley, High Street, the Silk Market or a Turkish bazaar, you don't need a fashion lawyer to tell you, as you have surely seen them.
A counterfeit product is one that is made without permission of the brand owner, that the seller is trying to pass of as an original product. In fashion, the seller will generally incorporate a brand's logo or name, which is illegal. By doing so, the seller violates trademark law as well as federal, anti-counterfeiting law.
Interestingly, in fashion, unlike many other industries, the purchasers of counterfeit products usually know that they are buying a fake. Even more interesting is a recent study that show that 46% of all people who buy counterfeits end up buying the real thing.
Finally, you must know that there is a distinction between counterfeits and knock-offs. In fashion, clothing designs do not have any sort of legal protection. Hence the prevalence of designers paying homage to, gathering inspiration from or copying the products of another. The fashion industry refers to these imitations as "Knock-Offs."
photo credit: For The Love Of Lily
