Counterfeits

A dear friend asked me if I would ever buy a fake purse or any other counterfeit product.  At this point in my life, I can honestly say no.  I do not own any counterfeit products, because I highly value the craftsmanship and quality of a product and not only its trademark or design.  Also, people are likely to assume that a woman who intentionally buys one counterfeit item would probably buy other counterfeit products.  As the owner of several authentic designer dresses, shoes, and eyewear, I would not want people to assume that I am a consumer of fakes.  As an artist, I enthusiastically support other artists, especially when they have worked hard to create iconic pieces.  Further, the endorsement of counterfeit products violates the principles of intellectual property law.  As an aspiring intellectual property lawyer, I should not be supporting any infringement.

If I cannot afford something, I simply will not buy it or any imitation of it.  The luxury of authentic designer goods can induce a high that counterfeit products simply fail to provide.  When I still had savings, I chose to invest in authentic Louboutins and designer dresses during the epic markdowns of November 2008.  I did not have enough money to buy a designer purse too.

With that said, I am a huge fan of the designer collaborations with H&M and Target.  Diffusion lines are NOT knockoffs, because the fashion designer actually designed the diffusion lines, even if the quality of the material is not on a par with that designer's ready-to-wear/couture lines.  For now, I am perfectly happy with my Rafe for Target purse and Devi Kroell for Target purse.  Despite daily use, they have been holding up excellently since 2006 and 2007, respectively.  On top of that, several straight men have stopped me to remark that they loved these particular purses, and some wanted to know how I could even afford such beautifully designed purses while I was in college.  Not bad for purses that each cost less than $50.

As a disclaimer, I am not condemning those who do buy fakes.  I understand the desire to fit in and impress other women.  However I do not need to rely on my material goods to make friends or to impress others.  Hopefully my sharp wit and intelligence will be enough to leave a great impression.  I do love fashion for its intrinsic aesthetic value and architecture, but I do not feel any desire to slavishly follow fleeting trends.  Nor do I feel any desire to purchase counterfeit items.  Chic can be obtained even at budget prices.

trade dress infringement: Isabel Marant v. Aldo

Aldo, I see that you are infringing the trade dress of Isabel Marant's $1295 Otway boot from her Fall/Winter 2009 collection, because Aldo's $150 Zabrocki boot looks just like it.  The Isabel Marant boot is pictured on the right.
  

Trade Dress Infringement: Jimmy Choo v. Forever 21

Dear Jimmy Choo,

Forever 21 recently infringed your trade dress by copying the product configuration of your black studded fishnet Karina booties.  The statutory test for trade dress infringement under Lanham Act §43 is satisfied, because the trade dress of the two products are confusingly similar (I was actually confused); the features of the trade dress - the studs, fishnet, and pattern - are primarily nonfunctional (because exclusive use of the features would not put competitors at a significant non-reputation related disadvantage, considering that the studs and fishnet pattern is not essential to the use or purpose of the shoe, and that the studs and fishnet pattern does not affect the cost or quality of the shoe); and the product configuration of the Karina booties have acquired distinctiveness through secondary meaning (because fashionistas including myself have come to associate the shape of the Karina design with the Jimmy Choo brand as the source of the product).  The use of this particular product configuration by Forever 21 confuses and misleads consumers familiar with high-end designer shoes such as Jimmy Choo, and it creates a substantial likelihood of confusion.  Below I have posted images comparing the $1095 Jimmy Choo black studded fishnet Karina booties and the $32.80 Forever 21 Glitterati pump.

Best wishes, if you choose to file a lawsuit against "forever-sued" Forever 21.

Sincerely,

Laura Ng
Editor-in-chief, Sartorial Editorial
2L (seeking summer law associate position), Georgia State University College of Law