Seriously... What Is Goin' On?!?!?

bagaddict

bagaddict

Member
Dec 9, 2005
287
0
#1
How can sites like intrends.com, designerapparel.com, etc. still exist?!?! Why don't companies like Balenciaga, Prada, Gucci, sue them and shut them down? I just don't get it. Can someone please enlighten me?

I mean, is there some crazy economic advantage for them? It seems to me that it would be the direct opposite.

Your thoughts?
 
#6
bluefly, eluxury, net-a-porter, all sell authentic merchandise but there are several threads already devoted to which sites are authentic I hope everyone checks 'em out before purchasing BUT I'm seriously curious about this topic - any lawyer's in our forum?
 
#8
i think it's just an issue of volume. there are SO MANY fake sites out there, litigation takes time, and the internet provides the seller with anonymity. if they shut down one domain, what stops the seller from opening another the next day?

all this talk of authenticity has me thinking of Baudrillard and simulacra. woe is the college student...
 
#9
It just makes me so mad. I have this thing with injustice. I swear I must have been a super hero in another lifetime. Just the thought of people spending a lot of money on what they think is an authentic bag... ya know? And these con-artists - thiefs! getting away with it. I just had to vent I guess.

Now I have to go google Baudrillard and Simulacra to see what the heck you are talking about. :blink:
 
#10
Baudrillard is a french philosopher the bemoaned the loss of authenticity in modern society. simulacra, in nutshell, are things that, although originally only a representation of authentic reality, become reality in and of themselves. people that are proud of their fake bags have, essentially, bought into the simulacra; authenticity is no longer important. to many people, having an inauthentic representation of something is just as good as having the authentic thing itself, whether it be an object or experience, and baudriallard thinks this is quite crappy indeed.

i may or may not have spelled Baudrillard AND simulacra incorrectly because basically, i suck. simulacra is probably easier googled as it's singular form, simulacrum. Baudrillard is quite a cool dude, although hard to follow at times.
 
#11
Just because someone isn't a legal reseller of goods doesn't immediately mean -- FROM A LEGAL PERSPECTIVE -- that their goods aren't authentic. In almost any situation, goods can be diverted, resold, etc, etc, etc. Therefore, the fact that a site SAYS they sell something means nothing. An actual item has to be obtained and compared to the original in order to LEGALLY make a claim that they sell counterfeits. That's what make eBay such a jungle -- we know some sellers are legit and some are not but you can't tell a thing from the verbiage in the auction listing. Legally, the manufacturers need to take them on one by one, with merchandise examples in each case.

I used to work for a high end luxury brand and ending counterfeits (or trying) is more than a full-time, endless job.
 
#12
Issmom said:
Just because someone isn't a legal reseller of goods doesn't immediately mean -- FROM A LEGAL PERSPECTIVE -- that their goods aren't authentic. In almost any situation, goods can be diverted, resold, etc, etc, etc. Therefore, the fact that a site SAYS they sell something means nothing. An actual item has to be obtained and compared to the original in order to LEGALLY make a claim that they sell counterfeits. That's what make eBay such a jungle -- we know some sellers are legit and some are not but you can't tell a thing from the verbiage in the auction listing. Legally, the manufacturers need to take them on one by one, with merchandise examples in each case.

I used to work for a high end luxury brand and ending counterfeits (or trying) is more than a full-time, endless job.
Click to expand...

EXACTLY. Plus, you can sell a knockoff perfectly legally so long as you do not copy the trademark on the bag (meaning you could, say, sell a bag with LTs on it instead of LVs and not be guilty of trademark counterfeiting). You can copy the design of a Balenciaga or a Gucci and so long as you do not write "Balenciaga" or "Gucci" on it, you are not doing anything illegal. Issmom, you know your trademark and copyright law VERY well!

If the sites claim that they bags are authentic,then the customers who purchase could sue for fraud or try to press charges for fraud. And the actual comapnies that sell authentic goods could sue for trademark violations. And I know people who have worked for companies like Burberry that actually travel around the country to scope out those who sell fakes. But as Issmom said, they have to take them on one by one. This is a nonstop job and quite honestly law enforcement wastes way too much of taxpayers' money already arresting those who sell counterfeits on the streets. The real problem is the crime rings that MANUFACTURE the fakes overeas and often launder the money and divert it for criminal purposes. If you arrest the little guy on the street you are treating the symptom but not the cause.
 
#13
And the economics of the game actually favor the illegal side. Its fairly easy to knock-off a bag and set up a website. Once they come after you, reincorporate, set up a new website and start again! The expensive part is for the original manufacturer to come after you. Its a game of cat-and-mouse and the mouse (counterfeiter) can move a lot faster than the cat (original manufacturer).
 
#14
Issmom said:
And the economics of the game actually favor the illegal side. Its fairly easy to knock-off a bag and set up a website. Once they come after you, reincorporate, set up a new website and start again! The expensive part is for the original manufacturer to come after you. Its a game of cat-and-mouse and the mouse (counterfeiter) can move a lot faster than the cat (original manufacturer).
Click to expand...
Yeah, and if they engage in the expensive game of going after the counterfeiter guess who is going to end up paying? The consumer in the form of the price of the bag.:evil:
 
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