An examination of the law regarding the production of fashion knock-offs and how to prevent it.
Written in 2008; 2,165 words; 12 sources; MLA; $ 67.95
Paper Summary:
This paper discusses the history and current phenomenon of the counterfeiting of fashion items such as clothing, shoes and handbags (known as knock-offs). It describes how the demand for knock-offs has risen and how they are manufactured. The paper then discusses the legal position with regards to knock-offs and what can be done to prevent their production.
Table of Contents:
Introduction
The Origin of the Knockoff
Knockoffs: A New Aspect of the Global Economy
Strategies for Manufacturing Counterfeit Products
Fashion Knockoffs and the Law
Proving Infringement
Possible Adaptations to Laws for Proving Infringement
Can Knockoffs Be Stopped?
Conclusion
From the Paper:
"Given the difficulty of preventing the copying of clothing and other high-end fashion designs, it is equally difficult to prove that a design has indeed been pirated. Of course, the situation is easier when there is a clear infringement of the rights of the original designer as in the case of a counterfeited product that bears the name of the actual designer but was manufactured illegally. Fake Louis Vuitton bags that actually bear the Louis Vuitton name can of course hopefully be tracked back to their points of origin. The real problem comes when a design is clearly copied but is not sold under the name of the original designer. It has been suggested that designers avoid these problems by employing technologies that will definitely identify their work as their own. Nano-textiles for example, are minute magnetic particles that can be inserted into a fabric and detected only by special equipment. Nano-textiles would, in effect, represent a "signed" original that could only be counterfeited with great difficulty. Principally, short of dramatically changing the laws regarding intellectual property rights to fashion designs, a similar garment, shoe, handbag, etc. must be equipped with something that can actually be trademarked, patented, or copyrighted in order for its authenticity to be proved or disproved."
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