What counts as an illegal fake?

[MissThing]

In Europe (and I expect the US, too) you no longer have to copyright your designs and logos, as they are automatically copyrighted.


ETA: Copyright - Claiming & Enforcing Copyright - Basic Facts about Copyright

Thanks for the information. Although this brings up something else I've always been wondering about. Take the Hermes Birkin, for example. That design has been copied all over the place, albeit without the Hermes logo. I even noticed one in Debenhams some weeks ago. Are those illegal or are manufacturers exploiting a loophole somewhere?

 

[Rose]

Thanks for the information. Although this brings up something else I've always been wondering about. Take the Hermes Birkin, for example. That design has been copied all over the place, albeit without the Hermes logo. I even noticed one in Debenhams some weeks ago. Are those illegal or are manufacturers exploiting a loophole somewhere?

That's a very interesting question......

 

[maggie7]

If you feel like bragging about your fake sh*t, this forum is probably not the right place for you.

My thoughts exactly!!

 

[xmariahx]

Another question, Ferragamo makes a Gancini bag that reminds me a lot of the Kelly bag...It's not a REPLICA or maybe not even inspired by...but I mean we're not talking a Guess bag or something here. Ferragamo is a reputable designer. Does anyone see the similarity? I love this bag but just can't do it because it really reminds me of a Kelly...

 

[Swanky]

A lot of bags are going to be silimar, there's nothing wrong w/ another designer have a SIMILAR bag.
I mean, a lot of designers have Speedy shaped bags, Kelly shaped bags, flap bags. . . . .

 

[kallison]

Another question, Ferragamo makes a Gancini bag that reminds me a lot of the Kelly bag...It's not a REPLICA or maybe not even inspired by...but I mean we're not talking a Guess bag or something here. Ferragamo is a reputable designer. Does anyone see the similarity? I love this bag but just can't do it because it really reminds me of a Kelly...

i think the thing is, general designs are going to be duplicated eventually. i don't know how much these two look alike (too lazy to look them up)...but can't it just be coincidence?
i remember i had a friend with a lv tote (don't remember what kind) and she would always get upset seeing other people with this same design of tote in, say, nine west/guess/etc. she was quick to assume they were all ripping of lv...she didn't realize that certain styles can't be for just one designer, you know?
does that make sense?

 

[eff]

Isn't it obvious that this person is a XXXX and does her best to turn every thread she posts in into a debate about fakes/bragging about how she buys fakes? I mean, I hadn't ventured into the handbags & purses forum until a couple of days ago(I mostly stick to the LV and general discussion), but it seems pretty clear.


no name calling please.

 

[Jillian Dollars]

What is illegal and what is not is currently being slugged out in the courts all the time and none of them can agree because so much of what constitutes copyright infringement is subjective and judges who make these decisions are (for the most part) human. Basically, courts need to determine whether one design/pattern/logo, etc. is likely to creat a substantial likelihood of confusion with another. For those who would like an explanation of some of the legal complexities, here is a VERY SIMPLIFIED example of how difficult and confusing this stuff is for courts.

For example, I don't know if people are aware or not but LV even went to court to try and stop Dooney & Bourke from copying its distinctive "Multicolore" color scheme. They asked the United States District Court for the Southern District of New York (that's a federal not state court) to issue an injunction (that's an order from the court) to stop Dooney from selling the DB purses using the LV color scheme until litigation concluded. The District Court refused to stop Dooney from producing and selling their bags while litigation was pending so LV appealed to a higher court, The United States Court of Appeals for the Second Circuit. The Second Circuit agreed with LV and asked the District Court to re-consider its opinion while keeping in mind the overall impression that the bags leave on consumers. The District Court thought about it and decided that they still thought Dooney had a right to sell their bags, quoting another infringement case that stated: "The intent to compete by imitating the successful features of another's product is vastly different from the intent to deceive purchasers as to the source of the product." Because the District Court thought that Dooney was imitating successful features and not deceiving consumers about the source, LV did not stop Dooney from selling their bags pending the completion of litigation (which, to the best of my knowledge) is still on going).

So some courts think the test for infringement (and by association, illegality) should be the overall impression left by the products while others think the test should focus more on whether the products were meant to be deceptively similar. Until these issues are heard before the United States Supreme Court (which is at their discretion), parties will continue to slug it out.

 

[Ingrid]

Isn't it obvious that this person is a XXXX and does her best to turn every thread she posts in into a debate about fakes/bragging about how she buys fakes? I mean, I hadn't ventured into the handbags & purses forum until a couple of days ago(I mostly stick to the LV and general discussion), but it seems pretty clear.


no name calling please.

Dear Eff:

I just wanted to say, I appreciate your strong opinions. I do, even if they differ from mine or anybody's. I think it's a great quality to have strong opinions, rather than just follow along with what the masses think and believe. Don't ever lose this quality Eff, wherever you venture in life.

And BE a lady, wherever you venture. The world lacks these just too much nowadays.

Your Friend,

 

[xmariahx]

i think the thing is, general designs are going to be duplicated eventually. i don't know how much these two look alike (too lazy to look them up)...but can't it just be coincidence?
i remember i had a friend with a lv tote (don't remember what kind) and she would always get upset seeing other people with this same design of tote in, say, nine west/guess/etc. she was quick to assume they were all ripping of lv...she didn't realize that certain styles can't be for just one designer, you know?
does that make sense?

Yep, makes a lot of sense...I just feel as though the Kelly bag is a bit more distinguished than other bags...It really is lovely though, the Ferragamo bag!

 

[Rose]

Dear Eff:

I just wanted to say, I appreciate your strong opinions. I do, even if they differ from mine or anybody's. I think it's a great quality to have strong opinions, rather than just follow along with what the masses think and believe. Don't ever lose this quality Eff, wherever you venture in life.

And BE a lady, wherever you venture. The world lacks these just too much nowadays.

Your Friend,

I think we're all with Eff on this one ....and EFF is a lady!

 

[bagnshoofetish]

OK. The above are your feelings and I fully acknowledge them. Great!!! As you will notice by anything I have ever posted on this board, I am not advocating buying fakes. I merely mentioned I have a few of them and I love them, especially the one that's very well-made. That's all.

Happy Day

:weird: buying fakes = advocating fakes.

 

[eff]

Isn't it obvious that this person is a XXXX and does her best to turn every thread she posts in into a debate about fakes/bragging about how she buys fakes? I mean, I hadn't ventured into the handbags & purses forum until a couple of days ago(I mostly stick to the LV and general discussion), but it seems pretty clear.


no name calling please.

Hi! Sorry if I gave the wrong impression by use of the word "troll." I have never and will never resort to name calling on the internet(or IRL for that matter). I did not mean troll as in a little troll or any other such insult, I meant it as in: One who posts a deliberately provacative message to a newsgroup of messageboard with the intention of causing maximum disruption and argument. I apologize if this is still considered name calling here, it isn't so on any other board I frequent and I'm really very sorry if I offended anyone but I still think that her intentions are quite clear.

 

[Leah411]

Dear Eff:

I just wanted to say, I appreciate your strong opinions. I do, even if they differ from mine or anybody's. I think it's a great quality to have strong opinions, rather than just follow along with what the masses think and believe. Don't ever lose this quality Eff, wherever you venture in life.

And BE a lady, wherever you venture. The world lacks these just too much nowadays.

Your Friend,

Dear Ingrid:

When you try to cover up BS with perfume...it's still BS. Your snide comment about "rather than just follow along with what the masses think" didn't fool anyone. Your supposed surprise at members of purse forum being anti-counterfeit doesn't make any sense. If you were on say..a coin collecting forum, would you expect them to be pro counterfeit coins?

And EFF...IMO your use of the word "troll" was appropriate in this context. I don't see any reason to apologize.

 

[purplekitty]

Dear Ingrid:

When you try to cover up BS with perfume...it's still BS. Your snide comment about "rather than just follow along with what the masses think" didn't fool anyone. Your supposed surprise at members of purse forum being anti-counterfeit doesn't make any sense. If you were on say..a coin collecting forum, would you expect them to be pro counterfeit coins?

And EFF...IMO your use of the word "troll" was appropriate in this context. I don't see any reason to apologize.

Completely agree.