Bad News Birkins: Counterfeit in Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015)

Authors

Colleen Jordan Orscheln

Citations to This Work

• Angela Terese Timpone, The True Price for Your Fake Gucci Bag Is A Life: Why Eliminating Unsafe Labor Practices Is the Right Answer to the Fashion Counterfeit Problem, 15 Cardozo Pub. L. Pol'y & Ethics J. 351 (2017)

• Lauren Matturri, The Devil Wears Nada: How the Current Statutory Damages System for Counterfeit Trademarks As Demonstrated in Chanel, Inc. v. Matos Is Out of Style, 62 Vill. L. Rev. 327 (2017)

Abstract

The luxury fashion industry spends millions of dollars each year fighting counterfeits, yet a fake Louis Vuitton bag is easily purchased on street corners around the world. Proponents of the counterfeits argue that the fakes translate to advertising for the brands, while the luxury brands argue that it damages the future of their brand. The counterfeit market has been linked to child labor, human trafficking, organized crime, and some terrorist groups. The current federal civil and criminal statutes exclude purchasers from prosecution and instead focus on the distributors of the goods. This comment proposes the strengthening of these laws by introducing consumer liability and the likely criticisms this would receive.

Recommended Citation

Colleen Jordan Orscheln, Bad News Birkins: Counterfeit in Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015)