Here's how you can protect your brand from copycats


I've always been interested in fashion and the business of fashion.I write about the latest clothes and trends just as much as i write about the commerce and trade of the industry.I also like to write about how history, art and popular culture relate to fashion.I have more than 10 years of fashion journalism background a decade or so of writing and dressing in everything from prada to zara to yves saint laurent.I write for the south china morning post in hong kong, asia tatler and harper's bazaar singapore.She has provided legal counsel on trademark infringement to various prestige ready to wear and accessories labels.

Below, lackman gives important advise on protecting your label from would louboutin shoes outlet be imitators and she also gives her thoughts on the hot topics involving gucci, guess, christian louboutin and yves saint laurent.

Where do you draw the line between counterfeit and http://www.bsccf.co.uk/ creative inspiration?

Something that is counterfeit is very easy to define it's using an identical or substantially identical mark on goods in order to pass them off as genuine(Whether or not the purchaser is fooled by it).This is a serious problem that goes beyond fashion into other consumer goods, pharmaceuticals and even airplane parts.

An argument for inspiration is most likely to be found in the context of designs and designers have influenced others over the years, but they've usually added something new to the product to show their independent creativity.In the real world, knowing christian louboutin womens sneakers what motivates someone is usually the last thing anyone finds out, but when the public starts describing something as a knock off or a rip off, you know that's not the type of language people use to laud someone's creativity

Can designers who find copies of their clothes at fast fashion stores file design infringement lawsuits?Or is the practice too common and too difficult to monitor?

Forever 21 has been sued dozens of times over allegations of taking designs off the runway and making near exact copies.Designers sometimes can also get protection under design patent or trade dress law.However, given the prevalence and ease of taking photos from runway shows, sending them to overseas factories to make knock offs and putting the items up on the internet, monitoring and enforcement can be very difficult.Organizations like the iacc(International anti counterfeiting coalition)And inta(International trademark association), as well as the Fashion Law Institute at Fordham Law School, are helpful resources for learning about ways to help curtail the problem.Registering trademarks(Including logos)Should also be considered in the context of brand strategy, particularly as they can be recorded with customs to help stop shipments of infringing goods at the border.However, whether and what to register are questions for the business to weigh.The organizations i just mentioned are also helpful resources for understanding how ip law can help and what its limits are.

In the case of gucci vs.Guess, how would you argue for gucci?

The core questions in this case are trademark infringement which is decided by looking at a multi factor test to determine if there is likely consumer confusion and dilution which is determined by looking at the fame of the prior trademark and whether the defendant's use is likely to make it less distinctive or likely to tarnish the brand, even if there is no confusion in the marketplace.