Think “Nyke” for Nike, for example, as both use a version of the famed swoosh. In other words, putting a brand name on a product that is clearly fake, or as with the sketch with this story, coming up with a brand name that is close to - but not identical to - a real one.
Goldsmith added that trademark infringement “occurs when someone makes an unauthorized use of a trademark on or in connection with goods or services in a manner that is likely to cause confusion.” But in addition to counterfeiting there is “trademark infringement,” which is something related, but different. There also are usually significant price differences, as in scenario A. “The counterfeit is hard to distinguish from the original - although there are usually quality differences between the genuine goods, labels or packaging and the fake ones.” Trademark Act defines it as “substantially indistinguishable from a registered mark.” And it in a copyright context, Goldsmith said the term “counterfeit label” means an identifying label or container that appears to be genuine, but is not. With counterfeit items, Goldsmith said the U.S. But there are offerings online such as in case C that resemble a design, but is not identical, therefore it is similar to a knockoff.Īmy Goldsmith, partner in the retail group and co-chair of the intellectual property practice group at Tarter Krinsky & Drogin, describes the word “knockoff” as a “colloquial term, which encompasses both counterfeits and infringements of any products, including fashion goods such as handbags, apparel, footwear and the catchall term - accessories.” When replicas are identical to existing marks, it is illegal. Replica: A relatively new term coined by counterfeiters to promote their products online.Not illegal, but can be challenged in court by the brand that inspired the design. Can be found online and in stores, often at reputable retailers or brands, usually at a cheaper price than the original items that inspired them. Knockoff: A product that resembles another item, but isn’t exactly identical.These are typically sold online, and via street corner and back-alley vendors. Counterfeit: Essentially a product that is identical to another product, and thereby infringes upon the trademark of that product mark (trademark).
Knock offs how to#
But how to tell the difference? As a primer, here’s a quick definition of each: Brands such as Coach, Tory Burch, Cartier and Polo Ralph Lauren have all won judgments in the hundreds of millions of dollars against web sites selling counterfeits - although most of these are in China, and the brands are unlikely ever to recover the money.Īs for knockoffs - they aren’t illegal unless a brand can prove that the resemblance is so close that the consumer is misled. A counterfeit is clearly illegal and brands and governments spend millions fighting those because, in some cases, the sale of counterfeit goods can help fuel terrorism. In the fashion world, and even with other products, there are fine - very fine - distinctions between a counterfeit, a knockoff and a replica. Moreover, were any of these transactions illegal? In scenario B she was lured away from doing so, but were the shoppers being deceived? Perhaps. In each of these situations, the shopper has failed to buy an authentic Louis Vuitton Speedy 30 handbag. She clicks “buy.”įinally, Consumer D, in Chicago, is online and Googles “Speedy 30 cheap,” which takes her to several e-commerce sites that offer the Speedy 30 with monogram for $32. The site says it is leather and has brass fittings. It looks nice, but doesn’t have the monogram. Then, in London, Consumer C Googles “Speedy 30 replica,” which results in a page that includes dozens of YouTube reviews of the bag and several web sites offering a “Louis Vuitton Damier Speedy 30” for $170. Harper’s Bazaar Icons Party at Bloomingdales NYFW Spring 2023
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