Happy 4th of July!Many frequently copied companies treat the issue of counterfeits like the elephant in the living room. Everyone knows its there, but -- by order of the PR department -- nobody mentions it out loud lest the brand be associated in the public mind with cheap knockoffs.
Others openly acknowledge the problem, but only in statements about the harm caused by copying. A few go so far as to provide a link for consumers to report suspected fakes, but you probably won't find it on the front page of the website.
Lululemon has gone one step further, posting a detailed explanation of how to spot a counterfeit hoodie, complete with 9 points of comparison and closeup photos of the real one (grey) and the fake (shocking pink, alas). These range from the obvious, like misspelled words on the fake tag, to particular construction details, like flatlocked versus merely serged seams. While Lulu may very well be holding back a few covert particulars to avoid giving copyists a complete how-to guide, the information is sufficient to help fans feel knowledgeable and avoid unscrupulous sellers. At the same time, it underscores the message of quality in a cool way that merely announcing, "Hey, look at our YKK zippers and straight topstitching!" couldn't.
In the words of Lululemon's mix-and-match manifesto, a collection of exhortations and aphorisms, "Life is full of setbacks. Success is determined by how you handle setbacks." If Lulu's approach to the cheap copies is any indication, predicting the company's success doesn't take much of a stretch.
Thanks to thoughtful Counterfeit Chic reader Briana C. Hill for the tip!
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Apart from departing Justice Souter, though, the black-robed brethren like to keep busy -- and, among other cases for next term, will hear arguments in a dispute over whether the National Football League violated antitrust law by negotiating an exclusive apparel licensing deal on behalf of its member teams. American Needle Inc., one of a number of a former licensees, objected to the practice after the NFL awarded an exclusive contract to Reebok in 2001. At issue is whether the NFL is, for antitrust purposes, a single entity or 32 individual teams and thus subject to scrutiny. The district court granted summary judgment in favor of the NFL and the U.S. Court of Appeals for the 7th Circuit affirmed; nevertheless, both sides asked the Supreme Court to grant cert. (Petitions, including amicus briefs from the NBA and NHL, here. Why not Major League Baseball as well? Presumably because baseball has an antitrust exemption going back to 1922.)
For the moment, however, American football fans will continue to be officially clad not by Buffalo, NY-based American Needle but by a company founded in the U.K. and now a subsidiary of Germany's adidas. As for where the bulk of the items are manufactured, need you ask?
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Like Lois Lane before them, the two Archie Comics characters plus another friend go a bit too far and find themselves in peril. Unlike the intrepid girl reporter, however, they have a cell phone handy to summon assistance -- and plans to go back to ferreting out fakes once they've spent their reward money. 
Could it be coincidence that Nike has also created a shoe incorporating black and white stripes on a red background? Not according to Van Halen, whose company, E.L.V.H. Inc., has sued Nike, claiming copyright infringement of the original graphic design on the guitar (complaint here). (No, that's not a typo -- the "L" is for Lodewijk, Van Halen's middle name -- but you knew that, right?) Interestingly, there's no trade dress claim, so the question of whether
the alleged copy reminds consumers of the EVF design isn't the focus
here, and Nike's protestations that it didn't reference Van Halen in marketing the shoe aren't particularly pertinent.
The timing and the medium are certainly suspicious, but are the stripes on the Nike shoe similar enough to the pattern on the guitar to constitute copyright infringement? You really got me. I'll have to leave it up to the court to determine whether Nike is running with the devil -- or trying to.
On the other hand, perhaps James-Paul's only offense was hewing too close to the style of the show's reigning design diva. Counterfeit Chic readers may remember the curious cuffs on this look from Isaac's Fall 2009 collection for Liz Claiborne, presented last February.
Could it be that plaid is contagious?
Would a rose by any other name really smell as sweet? Bellure and its fellow defendants in a case decided today by the European Court of Justice had better hope so, since the ruling in favor of L'Oreal restricts the use of direct comparisons in advertising and of lookalike perfume packaging -- even when there's no likelihood of consumer confusion or harm to the original brand. 
In response to a series of specific questions referred from a U.K. court, the ECJ concluded that "to ride on the coat-tails" of a trademark with a reputation or to present a fragrance as an imitation of another with a well-known trademark constitutes an "unfair advantage." The case will now go back to the U.K. for a final decision. 
What's next -- NYPD yarmulkes or Sanitation Department gold crucifixes? 
Since the item at issue is jewelry and not clothing, ModCloth could very well have a copyright infringement claim against Forever 21, provided that ModCloth's fine feathered friend is different enough from its (presumably public domain) vintage source to qualify for a copyright. Still, ModCloth can't have expected its quite reasonably priced piece, which retails for a mere USD $12.99, to be knocked off and sold for $5.80. 
...as well as an artist's interpretation. Daily Kos writer electronicmaji asks, "Is this this movement's hope poster?" 
Or the genesis of another provocative ad campaign? Or maybe just an interesting dilemma for Calvin's attorneys and PR folks if an enterprising t-shirt maker decides to seize an opportunity and rev up production?
Yesterday Tory Burch, whose preppy-bohemian style has made her "the most copied designer in America" according to more than one observer, headed to D.C. with CFDA executive director Steven Kolb. Her mission? To lobby for passage of the Design Piracy Prohibition Act -- and deter copyists from stepping on her fans' smartly-shod toes.