Copycat & Counterfeit: Fair or Unfair?

Date: 06/08/2007
Author: Thayne Forbes
Position: Joint managing director of Intangible Business
Service area: Counterfeit (look-alike) IP protectionIP expert witness

Intangible Business launches its summary report into copycat and counterfeit activity

 

With copycat activity becoming increasingly prevalent on the high street, designer brands are more frequently turning to the courts to try and protect their copyright. The impact of counterfeit and copycat activity on brands is not to be underestimated. A number of examples of brands that have been affected by copycat and counterfeit activity are included as well as examples from Davenport Lyons' report, 'Counterfeiting Luxury', www.davenportlyons.com. Also included are examples of recent court action brought by brand owners against companies which have allegedly infringed their intellectual property. These include:

 

  • Chloé vs Topshop
  • L'Oréal vs Bellure
  • Jimmy Choo vs Oasis, Jane Shilton, New Look and M&S
  • Monsoon vs Primark
  • Levi Strauss & Co. vs Polo Ralph Lauren
  • Romo Fabrics vs Linda Barker

 

These cases highlight a number of issues regarding design rights and the protection of intellectual property. A number of perspectives are covered, including:

 

Designer: ""We invest a lot and take a lot of risk creating brands with images people want. Those who coat tail on this unfairly are bearing none of the investment or risk and are ripping us off."

High street shopper: "Copies let me buy designer-style goods at affordable prices. The brand owners stimulate desire but make too much out of it - they are ripping us off."

Designer shopper: "I've just spent £350 on a pair of Jimmy Choo shoes and I'm not very happy that a very similar pair is available in Oasis for £50!"

 

Thayne Forbes, joint managing director of Intangible Business says, "Copycat and counterfeiting activity is a highly controversial subject, where people have startling divergent views. Counterfeit and copycat activity can contribute significantly to loss of earnings and can be extremely damaging for a brand's equity. Recent court actions such as L'Oréal vs Bellure and Chloé vs Topshop are establishing more precedents to help protect intellectual property in the fashion industry. The indicated ability to damp down more on copycat activity puts the business model of many high street and online stores in potential jeopardy."

 

To view the full report, click the pdf below:

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