In order to be irreplaceable one must always be different. - Coco Chanel
The fashion industry is one that protects creativity because fashion relies heavily on the creativity of its designers. If a precious idea which is born out of creativity is stolen, then the original fashion house could lose millions of dollars. Counterfeits come from a violation of intellectual property rights like trademark or copyright, with people all over the world buying counterfeit products or “fakes’’.
ORIGINAL VS FAKE PRODUCTS
The battle against counterfeiting of a product is an un-winnable war. One may argue that the fake products being sold on the brand value of the original product is a way to get branded fashion at a cheaper price. It is causing huge losses to the fashion industry. According to the report of the 2018 Global Brand Counterfeiting Report. Luxury fashion brands have lost about $30.3 billion worth of sales to fakes online alone. Among which the most counterfeited fashion brands on Instagram, according to Ghost Data, are Louis Vuitton, Chanel, Gucci, Nike, and Balenciaga. Thus there is a need to identify a fake product and differentiate it from the original one.
The following can be kept in mind while identifying between original and fake product:
There is a clear difference between the craft put into an original and a fake product. The counterfeiter will not put much effort in weaving or in the choice of the fabric pattern. Remember when you are paying a price for the good it is for the craftsmanship involved. Authentic products do not have to lose threads that are not crafted well.
2.The Logo: One should make sure that the logo is printed correctly in the authentic color indication with correct spellings. One shall also look for logos in more than one location.
3. The Price: The most authentic test of the originality of a product that one undergoes while purchasing the product. One general rule is that one shall be never buy anything that costs less than 30% of the cost displayed by the original designer. That is the total amount of discount second-hand retailer will offer. eg. Prada would not sell a bag for 50$ in any circumstances.
4. The Location: One shall be aware of the fact that if a product designed in Europe is being sold from China there might be some counterfeiting in the product. One should also check where the product is being shipped from and think twice before purchasing and beware of the tags like “made in china”. For example, if the product is available in a nearby country why is it being sold from China.
5. The Feel: One thing which a good brand will offer is the comfort and ease for which they are popular. Buying a secondhand product may save you some money but will eventually turn out to be a bad investment. Leather goods are meant to be felt soft and never like stiff plastic.
6. The Documentation: An original product will come with the right boxes and identification card and will contain important information about the product. If the designer bag arrives in the plastic bag with the tag being infixed without any proper documentation, there are chances it may be “Fake”.
GUCCI VS FOREVER 21. Gucci had alleged that Forever 21 has infringed its trademark by copying the brand’s signature “blue-red-blue” stripe webbing on the jacket. United States District Judge, however, ruled in favor of Gucci. dismissing Forever 21’s complaint against the luxury brand. information about the product. If the designer bag arrives in the plastic bag with the tag being infixed without any proper documentation, there are chances it may be “Fake”.
In the fashion industry, the protection of a fashion item or “design” falls under unregistered or registered designed rights. If the design gets stolen, the fashion house could lose an entire season because of the decrease in product purchasing. For a design to be registered under the protection, it must be “new”, “novel” and have “individual character” of its own. The design can be protected for a maximum of 25 years. Once the design is registered you can enjoy longer protection compared to the unregistered designs.
In the fashion industry, brand name protection is of crucial importance in every industry. The consumers often tend to buy fashion items based on a brand name as it assures you the quality of the goods you buy. By protecting the brand name, fashion brands as also protect the rights that belong to them from counterfeiters and thus maximize profits from the ownership of valuable assets.
Trademarks are very important for any brand whether small or big. Not only to protect the loss of revenue from a company but also it aims to protect a company’s image, reputation, and overall value. Fundamentally, brand protection is a method to prevent brand abuse.
In the fashion industry specifically, Patents may not immediately spring to mind while claiming protection. Yet any kind of technical innovation can equally put a fashion business ahead of the competition in the market. In the fashion industry means of patents are used relatively rarely as the whole process is costlier and also time-consuming. It also operates slowly, often too slowly for the fashion industry.
How far has been IPR protection effective in preventing Counterfeiting products in the fashion industry?
It is very evident from the above examples that the strategic use of new information technology, which protected by the tools of the IP system, can effectively play a critical role in establishing and consolidating a market position. Especially in the fashion industry, high capital is invested, protecting such IP assets serves to boost income It further reduces the risk of trampling over the IP rights of others.
Brands and Fakes has aligned the capabilities of the service delivery eco system with the industry verticals, so that the Brands under various industry verticals and sub verticals are able to get services from expertise in their specific domains.