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Tuesday, January 6th, 2009
articles.php?which=MaybeLVShouldSueChinaNext
Maybe LV Should Sue China Next.

Because tomorrow we'll all be shoving our faces with ribs and setting off fireworks, today we're covering some of our regular Friday features—like the survey. This week we asked whether eBay should be held accountable (i.e. forced to shell out) for the fake designer and luxury goods up for auction on their website. A French court said so, and is forcing them to pay $63 million, but not to the poor buyers who bought fakes (caveat emptor!)! Instead the money's going to French luxury brand Louis Vuitton, who sued eBay for allowing knock-offs to fly on the site.

Your take—or at least, the majority's opinion—was that the French court got it wrong. "Maybe LV should sue China next?" asks reader Mateo, who makes the excellent point that there's not much more eBay can do to stop the sale of fakes other than what they're already doing. Their present policy of relying on buyers and other members of the community is probably the only viable way to police the site. Here's why: while certainly some fakes are obvious, a lot them aren't. People often use fake photos, and let's face it, you can't ban users from the site just because they're based in China (where most of the knock-offs orginate). It's these cases which make it evident that eBay will always have to rely on the community to a certain extent to do the policing for them. Reader Mcyr agrees:

"When a website like eBay that sees a significant amount of the internet traffic in the world coming through its site daily, they would be hard-pressed to be able to seek out and eliminate every counterfeiter on a proactive basis."

While reader MJAndri agrees that community policing is perfect solution, he also keeps us to the letter of the law:

"...as far as Ebay goes, a company should be held liable for aiding and abetting illegal copying or infringement of a valid trademark, copyright, or patent. The question is whether Ebay indeed has the ability and the resources to stop the illegal conduct. The answer is a resounding yes..."

While selling fakes is certainly illegal, reader BryanH brings up a good point—do LV knock-offs even hurt the brand? LV's argument is that fakes dilutes the exclusivity of their product and detract from the quality associated with their label, but the truth is that most fakes, um, look fake. It'd be hard to mix up the real deal for a Canal Street knock-off. Not to mention the people who are buying fakes probably aren't the same people who'd buy a real LV. One could argue that imposter designer goods actually promote the brand...

Does anyone else want to chime in with their two cents?

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"Selling fakes is certainly illegal", but, at least for some of the major fashion houses, is not discouraged. See Gomorrah by Roberto Saviano. Major fashion houses are complicit, illegal labor and distribution being a huge component of their operation and success -- they only denounced it, in Italy, when a high-profile investigation and court case exposed them. And many "fakes" are identical to "genuines", made from the same designs, with the same material, only one producer got the stamp of approval faster than another.
richard
14:15, July 3rd, 2008



Not only do knock-offs not hurt these brands and their respective fashion houses, they are good for the industry. There is no copyright protection for fashion designs, though not for not trying, but because the piracy paradox is such that the copying that takes place doesn't harm the creator, but creates a "need" for the consumer to partake of the next trend of fashion cycle.

For example, fashion houses like Prada operate under the concept of "copy and drop it;" allow a line to be copied, and move on to the next. Copying may dilute a line or a trend, but this must be diluted or become out-dated at some point for the next line or trend to be relevant or necessary.

Fashion is cyclical, and mass copying expedites these cycles, thus ultimately benefiting the brand. What incentive do I have to get new Prada flip flops if I'm still the only person wearing last year's line? Not much, unless the new ones are fabulous. If they become mass copied and ubiquitous, I would want to distance myself from a tired look.

Maybe LV should get more creative.
paige
14:10, July 3rd, 2008