Designer Knockoffs – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 NYPD Busts $22 Million Counterfeit Goods Operation https://legacy.lawstreetmedia.com/blogs/nypd-busts-22-million-counterfeit-goods-operation/ https://legacy.lawstreetmedia.com/blogs/nypd-busts-22-million-counterfeit-goods-operation/#comments Fri, 12 Dec 2014 11:30:50 +0000 http://lawstreetmedia.wpengine.com/?p=29990

Why can't the NYPD stop the clearly fake designer purses being sold on sidewalks?

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Image courtesy of [Fairfax County via Flickr]

Ah Canal Street; one of the few places in New York where you can score “designer” bags, gold chains, and a bong all for under $1,000. Even this future Intellectual Property lawyer has owned her fair share of counterfeit handbags from the Chinatown locale. But as a tween who just wanted a fake Louis or Chanel like everyone in my middle school, it never really made sense to me how my relatives would get their hands on them. I heard stories about being taken “behind the scenes” to the warehouses where the better stash of goods is kept. I heard about the cops coming to bust these vendors for selling without a permit. But none of these stories ever answered the real question I always had: how do these vendors throughout the city persist when everyone knows (including cops standing nearby) that they either do not have a proper permit, are selling counterfeit goods, or both?

On Tuesday, the NYPD and U.S. Homeland Security officials raided a storage unit in Queens full of about $22 million worth of counterfeit goods. The raid followed a seven-month investigation and resulted in seven arrests. This kind of takeover is what police call an “Operation Treasure Hunt” and took about 30 minutes to execute. I highly suggest clicking over to WWD to view pictures of the facility and all the goods it contained, because it’s truly astounding. From fake Gucci and Chanel handbags to Beats headphones and fake Uggs, these guys had it all. Rarely do you ever get to see a successful takedown of Canal Street vendors like this. But why is that? Why can’t the police just approach these guys who are selling on the street?

As a kid, my mom tried to relieve my conscience claiming that my LV-monogramed bag was probably real but was just stolen. But does that make it any more ethical? In hindsight, it kind of made it a lot worse; however, regardless of whether these goods are stolen or just really good knockoffs, any Canal Street vendor or distributor is guilty of at least one of these things.

One reason these vendors may get off the hook is that they are merely a third party selling the goods, not making them. Also, I doubt most NYPD even know about the designers these bags are trying to imitate, nevermind the standards for what counts as a knockoff and what does not. The only way the police can shut down these vendors is by asking if they have proper permits, and if they do there’s nothing they can do about it.

The case with the storage unit in Queens required a lengthy investigation so that the police could acquire enough evidence to warrant a search. Also it’s a much more effective tactic to take down the counterfeit industry by heading straight to the source, as opposed to approaching every single business on Canal Street.

Maybe it’s time to start training the NYPD to have a more keen eye for spotting counterfeit goods. Every year counterfeit products can cost the global economy up to $250 billion. Manhattan is not the crime-ridden place that it once was, so a lot of police officers are often seen just standing around offering surveillance. And while counterterrorism should definitely  be a primary concern in this day and age, that doesn’t mean police can’t multitask and try to stop this form of economic terrorism too.

Katherine Fabian
Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

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This Week in Fashion Law: Kurdish Jumpsuits and Ghostbusters https://legacy.lawstreetmedia.com/blogs/this-week-in-fashion-law-kurdish-jumpsuits-ghostbusters/ https://legacy.lawstreetmedia.com/blogs/this-week-in-fashion-law-kurdish-jumpsuits-ghostbusters/#comments Thu, 16 Oct 2014 10:33:52 +0000 http://lawstreetmedia.wpengine.com/?p=26621

A lot has happened in the world of fashion lawsuits and controversial apparel lately. So this week I thought I'd do a roundup of the brands that have come under fire, or even started the fire, over the past few weeks.

The post This Week in Fashion Law: Kurdish Jumpsuits and Ghostbusters appeared first on Law Street.

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Featured image courtesy of [Dimitri Robert via Flickr]

A lot has happened in the world of fashion lawsuits and controversial apparel lately. So this week I thought I’d do a roundup of the brands that have come under fire, or even started the fire, over the past few weeks.

H&M Accused of Producing a Kurdish Jumpsuit

Last week people seemed to get all up in a tizzy about a green khaki jumpsuit featured in H&M’s latest Fall campaign. Apparently the jumpsuit appeared to be a little too similar to the ones female Kurdish soldiers wear in the Middle East to defend against ISIS. But if you ask me, such a military-inspired jumpsuit has become pretty ubiquitous in almost any culture. H&M also released the jumpsuit in other colors besides the allegedly offensive green, as well as a denim version. In this case, I think consumers have once again read a little too much into the motive behind the garment. While we should definitely be aware of both the women and men fighting for their rights in the Middle East right now, in this case any similarities between H&M’s version of the jumpsuit and the ones Kurdish soldiers wear are merely coincidental.

Converse Sues to Protect Its Classic Shoe

The only thing more prevalent than the classic Chuck Taylor All Stars are the various knockoff versions of it and Converse has finally decided to put its foot down (pun unintended). Converse is accusing 31 companies, including Walmart, Kmart, and Skechers, of trademark infringement for copying elements like the black stripe along the sole and the rubber toe cap. On Tuesday the company filed 22 separate lawsuits in United States District Court in Brooklyn. As much as fake Chuck Taylors annoy me, I can’t help but wonder what took Converse so long to finally take action. Is it possibly too late? I guess we’ll have to just wait and see if they can stomp out their competition (okay, the pun was intended that time).

Bottega Veneta Trademarks a Knot (or at least is trying to)

This one is not really as crazy as the others, but I still thought it was interesting. Bottega Veneta is trying to trademark the metal knot it uses on its handbags, particularly as the clasp for its clutches. Apparently that’s easier said than done. The U.S. Patent and Trademark Offices (USPTO) rejected Bottega’s claim, saying that it was not distinctive enough. The designer then had to re-present its case citing the amount of sales they have made and how notorious they are for this particular “configuration” based on its ads. The company also compared its knot to the Chanel double C’s, the Tory Burch cross, and the Ferragamo bow.  Apparently that still wasn’t enough to convince USPTO, but the design house still won’t take no for answer and wants to reapply. As important as it is for designers to protect “trademark” elements, I hope that Bottega doesn’t get too tied up in this application process. (Okay that was the last one I swear!)

Chanel Sues Over Ghostbusters Sweatshirt

Parody T-shirt brand What About Yves has been creating a stir since releasing apparel with the message “Ain’t Laurent Without Yves,” regarding the haus’s name change to Saint Laurent Paris, a couple of years ago. For the most part the targeted designers let the streetwear brand be, but Chanel is not too happy about its use of the company’s logo. Just in time for Halloween, What About Yves released a Sweatshirt with the classic double C logo with the Ghostbusters ghost in between. I’m not sure if this is just supposed to be a festive clothing item, but if there is some kind of joke behind it I don’t get it. But yet again, why has Chanel decided to come after someone using its logo now? I’m not sure. Maybe they just decided that since the tacky clothier Jeanine Heller has finally targeted them that it’s their opportunity to take the designer-offending brand down. I know I sure wouldn’t mind if they did.

Katherine Fabian (@kafernn) is a recent graduate of Fordham University’s College at Lincoln Center and is currently applying to law schools, freelance writing, and teaching yoga. She hopes to one day practice fashion law and defend the intellectual property rights of designers.

Katherine Fabian
Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

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