What is the difference between Counterfeits, Infringements and Knockoffs?
All counterfeits are infringements, but not all infringements are counterfeits. Knockoffs are different from counterfeits. What do all these terms mean? Read on to understand these words in terms of fashion fakes and what they mean :
Knockoffs — This is one of the most common practices where an article of clothing is created that looks similar to the original design but likely does not utilize the original designer’s name, logo, original print, etc. This is carried out by fast fashion retailers — like Zara, H&M and Forever 21– that churn out garments and accessories straight from the runway based on designer brands. Copyright law does not protect the item in its entirety.
Source : http://f21knockoffs.tumblr.com/
This Tumblr page shows how Forever 21 copies designer brands.
Trademark infringements — A trademark is any word, name, symbol, or design, or any combination thereof, used to identify a particular manufacturer or seller’s products and distinguish them from the products of others. As such, trademark infringement, occurs when one party uses the trademark of another. The main issue arises when there is confusion, deception, or mistake about the source of the clothes.
Counterfeits — All counterfeits are infringements, but not all infringements are counterfeits. This is because a counterfeit is a good that is produced by a party (other than the trademark holder) that knowingly and deliberately uses another’s trademark without the authorization to do so. This is almost always paired with the company’s intent to deceive the consumer by presenting itself as the trademark holder by way of the fake logo, fake tag, etc.
Counterfeits of Louis Vuitton Bags[/caption]
Design piracy — This is a synonym for knockoffs, as it refers to the practice of copying that is perfectly legal, as it does not amount to trademark or copyright infringement.
Dupes come at a cost! Let me know what you think in the comments below!