Gucci loses GG trademark in the UK

GUCCI luxury fashion house has had its GG trademark revoked after nearly 20 years on the UK register.

The trade mark application, submitted by Luke Connelly, was opposed by the Italian fashion house earlier this autumn on the grounds that the logo was too similar to the interlocking GG logo held under trademark by Gucci.

Gucci claimed there was a notable visual link between the two trademarks and it would offer an “unfair advantage” to Connelly, who submitted the trademark application to use the logo for clothing.

It was also claimed that “Gucci’s reputation may suffer damage by association with a non-luxury or low cost fashion brand.”

Connelly logo left, Gucci logo right

The UK Intellectual Property Office (IPO) wiped away the interlocking double G logo, registered in 1984, on the grounds of non-use.

But in the decision on November 5, the IPO’s Judy Pike said Gucci can continue using the mark to sell goods (including perfumes and soaps) under class 3.

Gucci registered the GG logo in four classes – 3, 14, 18 and 25 – in the UK. Between them, the classes cover goods such as antiperspirants, watches, handbags and t-shirts.

In June 2012 Fashion rival Gerry Weber applied to revoke the mark for a lack of use, dating from 2003 to 2012.

UK trademarks can be revoked if they are not used within a five-year period following their registration.

Gucci’s response, filed by in-house counsel Vanni Volpi, was criticised by Pike for being unspecific. For example, Volpi provided figures on sales of goods in various years, but did not state whether they were UK sales.

Gerry Weber claimed Gucci’s evidence fell “far short” of the mark for showing genuine use, which “cannot be proven by probabilities or suppositions, but must be demonstrated by solid and objective evidence” when talking with DrapersOnLine.

In a 44-paragraph ruling, Pike revoked the mark covering classes 14, 18 and 25. Her reasons included Gucci submitting leather belts in its exhibits, despite class 25 expressly limiting belts to textile belts, and a lack of sales invoices.

There were, however, some invoices provided for class 3 goods, and better evidence overall to show use in this class, meaning the mark stays registered for this specification.

According to the decision, class 3 covers “Non-medicated toilet preparations, cosmetic preparations, perfumes, soaps, dentifrices, preparations for the hair; anti-perspirants, depilatory preparations”.

The decision means Gucci cannot protect the GG logo under classes 14, 18 and 25, which cover goods such as scarves and coats, in the UK.

But the hearing officer rejected Gucci’s claim on the grounds that the two logos were “visually similar only to a very low degree.”
Gucci was ordered to pay £400 towards Connelly’s legal expenses, as he represented himself.

Gucci also entered and lost lost a four year battle with brand Guess, from which it had been seeking $221m (£138m) damages on the grounds of trademark infringement, counterfeiting and unfair competition in May this year. Gucci did however, win when they were awarded 144.2 Million Dollars in Case Against Counterfeit Fake Fashion in the same year.

RELATED ARTICLES
» Gucci Awarded 144.2 Million Dollars in Case Against Counterfeit Fake Fashion
» Guess Wins Trademark Suit in Italy

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Surge in purchases of counterfeit goods

More UK shoppers than ever saving money – and potentially risking their lives – by buying knock-off versions of products reports the PWC.

It is now a €1bn market across Europe, growing by the day, and one in which a new generation of brand-obsessed British consumers are prepared to risk their health, and even their lives, in order to save money. Counterfeit goods have gone mainstream.

A new report by accountants PwC reveals British adults admitting that they regularly buy fake designer clothes, bags, accessories and perfumes as well as potentially lethal counterfeit alcohol, medicines and cigarettes. Illegal copies of films, car parts and even dangerous electrical goods are also in big demand.

The report shows that 18% of consumers admit to buying fake alcohol, despite the presence of toxic solvents that can cause blindness and even death. Some 16% said they had bought counterfeit medicines – often useless or dangerous versions of well-known drugs such as Viagra or slimming pills – and 13% have bought imitation branded cigarettes, despite the obvious health risks of such products.

Consumers have clearly ditched their scruples in their enthusiasm to own a pair of hair straighteners with GHD written on the side, or headphones emblazoned with the Beats by Dr Dre logo. They told PwC researchers that they were more worried about their bank details being stolen by counterfeiters and dubious traders than by the prospect of being caught and prosecuted. They know goods are deliberate rip-offs of popular designer brands, but only a third of buyers worry about getting caught.

Counterfeit or "knock-off" goods have long been sold at car boot sales, pubs, markets or fairs, making it difficult for fraudsters to be traced. But fake merchandise has also moved online, presenting huge challenges for auction sites such as eBay, which are trying to crack down on counterfeiting and piracy.

The PwC report come two weeks after the UK's biggest single counterfeit raid, when nearly £3m-worth of fake goods were seized from market stalls in south Warwickshire following a joint agency operation which led to four arrests. More than 20 police officers, including members of the special constabulary for both Warwickshire and West Mercia forces, were involved in the all-day raid at Wellesbourne Market. Goods recovered from the market, vehicles, and homes that were subsequently raided included fake SuperDry T-shirts and jackets and copycat Ugg boots together with pirate DVDs, counterfeit branded trainers, watches, jewellery, make-up, electrical items and perfume.

Illicit trade and counterfeiting is a growing problem across the world, the report says. Estimates vary, but global sales of copycat goods are now put at $650bn a year.

In Europe alone, almost 40m products were impounded by EU customs in 2012, with an estimated value of €1bn, according to the EU Commission's annual report on customs actions.

Demand for must-have "branded" designer headphones and gadgets such as hair straighteners have fuelled sales of copycat devices to such an extent that there has been a sixfold increase in the number of counterfeit and potentially dangerous electrical goods seized in the UK in the past four years.

Professor Paul Wallace, chief medical advisor for the charity Drinkaware, said that commonly used substitutes for ethanol in fake spirits "include chemicals used in cleaning fluids, nail polish remover and automobile screen wash, as well as methanol and isopropanol which are used in anti-freeze".

The charity has recently issued fresh guidance on the dangers of drinking counterfeit booze to the hundreds of thousands of students who have just started the new university year. In a traditional seasonal crackdown council trading standards teams across the UK will again urge shoppers not to buy or consume counterfeit drinks in the run-up to Christmas and New Year celebrations.

Consuming methanol can lead to blindness, and in one case last year was linked to the death of a man in Worthing, West Sussex, who drank a bottle of vodka he had brought back from Poland. Tests subsequently found the drink contained 40% methanol. In the Czech Republic, in September 2012, 26 people died as a result of drinking counterfeit vodka and rum laced with methanol.

London is the most fake-infested region. Scotland is a model of relative rectitude with significantly fewer fake purchases than the national average. The less affluent buy more fakes across the board. Young people are also more likely to buy counterfeit goods, with 60% of those in the 18-34 age group saying they bought pirated films and music and 55% buying clothes.

Mark James of PwC's anti-counterfeiting team, said: "Counterfeits have an obvious impact on profit and jobs, yet people increasingly see access to fakes as a normal, consumer choice. Companies invest significant amounts of time, money and effort in developing their products. Manufacturers and buyers of counterfeit goods strike right at the heart of that. Ultimately, companies are seeing their brand, reputation and revenues stolen."

via PWC

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Luxury Jeweller Van Cleef & Arpels charged with counterfeit

VAN CLEEF & ARPELS France's High-end French jewellers has been charged with using a ring design allegedly stolen from a gem trader, according to a court document obtained by AFP on Saturday.

Trader Francois Le Goarant de Tromelin filed a complaint against the exclusive jewelry house in 2011 claiming to hold the rights to the model of a ring set with precious gems called the "Antoinette", thought to be named in honour of his wife, Antonieta.

The jeweler was charged with counterfeit on June 14, a judicial source told AFP.

Van Cleef & Arpels disputes Le Goarant's story and claims full ownership of the design.

The dispute is just the latest between the trader and the company connected to a separate affair between Le Goarant and another trader, Robert Szumeraj, with whom he shared an office before Szumeraj was murdered in 1997 by a business rival.

Le Goarant alleges that Szumeraj took the designs from a safe without his knowledge and attempted to sell them to jewellery houses around Paris, eventually finding success at Van Cleef & Arpels.

According to the court document, the jeweler is accused of having "taken the initiative to fraudulently manufacture or have manufactured said models and sell them directly" in its flagship Paris store and in Japan.

A lawyer for Van Cleef & Arpels, Nicolas Huc-Morel, said the accusations were unfounded and added the company would "strongly dispute" what he termed "alleged acts of counterfeit on older models of jewellery".

Huc-Morel said Le Goarant had previously faced Van Cleef in the civil courts and that the case had been dismissed.

Le Goarant's lawyer, Joseph Breham, said he had new proof of his client's ownership of around 40 designs, including the Antoinette ring.

via Agence France-Presse

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Northern Ireland is top region for counterfeit and fake fashion

NORTHERN IRELAND is the "knock-off capital" of the UK regions outside London, according to a new report by UTV News

The PwC report published on Wednesday said counterfeit goods have gone mainstream with adults in the UK regularly buying counterfeit alcohol, cigarettes, medicines, films and music, clothes and car parts.

The report found that outside London - the most fake-infested part of the UK - Northern Ireland is the regional counterfeit capital, while those surveyed in Scotland reported significantly fewer fake purchases than the national average.

People in Northern Ireland admit to buying more counterfeit clothing and accessories, films, music and alcohol than other regions.

More than half of those surveyed in Northern Ireland said they "sometimes" purchased counterfeit clothing and accessories, films and music - the highest percentages across the UK, including London.

Almost a quarter of respondents in the region said they had bought counterfeit alcohol, compared to the UK's 18% average.

Of those who had bought fake goods, 64% of respondents said they did so because they "cannot afford the genuine product".

Mark James, from PwC's anti-counterfeiting team, said that counterfeits have an obvious impact on profit and jobs, yet people increasingly see access to fakes as a normal, consumer choice.

"The digital economy and global supply chains have made tracking counterfeit goods and measuring their economic damage fiendishly complex," he said.

"Companies invest significant amounts of time, money in effort in developing their products, while manufacturers and buyers of counterfeit goods strike right at the heart of that.

"Ultimately, companies are seeing their brand, reputation and revenues stolen."

According to the European Commission counterfeiting and piracy could be costing the UK economy £30bn and over 14,500 UK jobs.

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Gucci Awarded 144.2 Million Dollars in Case Against Counterfeit Fake Fashion

Counterfeit Gucci dust bag

Gucci America has been awarded 144.2 million dollars in damages in a case against online fake fashion counterfeiters.

Gucci filed the lawsuit against the counterfeiters in May 2013, alleging the abuse of the Gucci name and trademark to sell counterfeit goods online. Amidst the defeat of the luxury brand house shock defeat Guess Wins Trademark Suit in Italy which was a humiliating defeat at the same time. The luxury house was not about to lose again.

Gucci got out their legal big guns and went to battle pulling no punches successfully showing that the domain names used publicity campaigns very similar to those of the Italian luxury brands, as well as official product images and descriptions to try and coax consumers into purchasing counterfeit goods.

The company’s president and CEO, Patrizio de Marco, stated that “We are extremely pleased that the court clearly understood the dangers to consumers posed by online counterfeiting organisations and has sent a strong message that counterfeiters can expect to receive severe sanctions when caught.”

According to the presiding judge, US District Court Judge William P. Dimitrouleas, the amount in damages awarded includes the additional amount of interest from the date the lawsuit was filed.

Counterfeit Gucci sneakers advertised on website

As well as successfully proving this the U.S. district court for the Southern District of Florida also ordered ”the immediate surrender to Gucci of 155 domain names used in the counterfeiting operation.”

What does this mean now for the counterfeit market coming on the announcement that Taobao Market Teams up with Louis Vuitton to Remove Counterfeit of the massive Chinese online market place Alibaba e-commerce site. And who can forget Taobao.com signed a similar agreement with Gucci themselves a few years back Taobao Teams Up With Gucci and Apple to Remove Counterfeit Products.

This victory shows the major brands are no longer going to sit back and let counterfeits infringe on trademarks and profits.

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Richemont wins victory in TradeKey counterfeit fake fashion law suit

Chloe counterfeit bag, evidence in TradeKey case. Source VentureBeat

RICHEMONT luxury fashion brand owner have won a significant victory in the war against counterfeit fake fashion and defeated Trade Key e-commerce with the help of one man.  Rob Holmes is a private investigator and owner of IPCybercrime from Plano, Texas, and he blew the lid on one of the world’s biggest counterfeit goods sales sites with a year-long undercover operation. In doing so, he may have helped give brands a new legal tool in their attempt to stamp out billions of dollars in sales lost to counterfeiting each year.

In an interview with VentureBeat, Holmes said his work helped unearth evidence that the Pakistani e-commerce vendor TradeKey helped enable wholesale trading of thousands of counterfeit goods over the Internet by setting up a “virtual swap meet” where vendors could sell fake goods with impunity. A federal judge ruled on Oct. 8 that TradeKey had violated copyright law and contributed to the counterfeiting of goods made by companies, including Holmes’ client, Richemont, the owner of six luxury fashion brands including Mont Blanc-Simplo, Cartier, Chloe, Alfred Dunhill, Officine Panerai, and Lange Uhren. Holmes said he found thousands of cases of large-scale counterfeit listings during his undercover work.

Holmes told Venture Beat how, at the request of Richemont’s lawyers, he organised the undercover investigation with luxury brand company’s legal team as it pursued TradeKey, a site that had more than 5 million members at the time of the investigation. The tale is a case study in how big brands are going after shadowy counterfeiters and how tricky it can be to collect evidence that will bring those counterfeiters down.

The case could set a new legal precedent, since an earlier ruling in 2010 put the burden of stamping out counterfeiting on e-commerce sites on the brand claiming to be a victim. In the case of Tiffany v. eBay, the U.S. courts ruled that eBay was not responsible for policing its market for counterfeits sold by third parties. That decision put the burden on brands to provide proof to eBay if they wanted it to take down a counterfeit sale.

But in the TradeKey case, the evidence of counterfeiting was so widespread throughout the site that a federal judge ruled that TradeKey was in fact responsible for curbing counterfeit sales. That ruling by U.S. District Court judge Gary Allen Feess in Los Angeles is the latest result of a one-year investigation and three-year legal case against TradeKey. The judge found that TradeKey had “actively promoted and facilitated the sale” of counterfeits. He ordered it to monitor its sales.

TradeKey counterfeit listings. Source VentureBeat

“This is the first case that holds an online marketplace liable for contributing to counterfeiting,” Holmes said in an interview with VentureBeat. “And they were the No. 1 counterfeiting site in the world. This was the big, bad one.”

It’s hard to verify if TradeKey was the biggest counterfeiting site, but Holmes does work for about 50 brands, and the lawyer for Richemont agrees it was a big one.

“We believe the case is groundbreaking in the magnitude of the counterfeiting on TradeKey.com,” said Susan Kayser, legal counsel for Richemont at the law firm Jones Day, in an interview. “Rob Holmes’ investigation was essential to the case. The court relied heavily on the investigation’s findings in its ruling.”

TradeKey’s attorney, Erik Syverson of Miller Barondess, said in an e-mail, “We completely disagree with the court’s ruling, factual findings and application of the law, particularly with respect to contributory liability principles. Followed to its logical conclusion, this ruling requires web sites that permit user-generated advertising to proactively screen for infringing or counterfeit items listed for sale. That is not the law.”

He added, “The law has always required that trademark owners perform such a function. Furthermore, the ruling impermissibly restricts the legal use of trademarks in meta data and Adwords, even by third parties not connected to this lawsuit. For example, under this ruling, I cannot list for sale on my client’s website my own collection of authentic Mont Blanc pens, or even mention Mont Blanc for comparative advertising purposes.”

He said TradeKey is considering its options.

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eBay defeats Tiffany in counterfeit jewellery suit

NEW YORK | Mon Sep 13, 2010 5:34pm EDT

Tiffany & Co.

EBay Inc on Monday won dismissal of aTiffany & Co lawsuit accusing the auctioneer of deceiving customers by allowing the sale of counterfeit Tiffany jewellery on its website.

U.S. District Judge Richard Sullivan in Manhattan rejected Tiffany's allegation that eBay engaged in false advertising, the last remaining claim after a federal appeals court on April 1 dismissed the rest of Tiffany's trademark infringement case.

The case has been viewed as a challenge in the United States to Internet companies such as eBay, Google Inc and others that host services that other people provide, and do not responsible for users' trademark violations.

"Tiffany failed to establish that eBay intentionally set out to deceive the public, much less that eBay's conduct was of an egregious nature sufficient to create a presumption that consumers were being deceived," the judge wrote.
Mark Aaron, a Tiffany spokesman, declined to comment. Michelle Fang, eBay's associate general counsel, called the ruling "an unequivocal validation of eBay's business practices."

About $3.99 billion, or 46 percent, of eBay's 2009 revenue came from the United States, a regulatory filing shows.

Tiffany accused eBay of advertising the sale of its goods through ads on its website, and through sponsored links on search engines, which would sometimes link to its own website and exhort readers to "Find Tiffany items at low prices."
Sullivan agreed with Tiffany that eBay knew "a portion" of the goods being sold were fake.

But he said Tiffany failed to show that eBay's advertisements misled customers or necessarily implied that all Tiffany products sold on its website were genuine.
"Tiffany has failed to present evidence that rises to the high level of egregious misconduct required to demonstrate that eBay had an intent to deceive customers," he wrote.

Sullivan also pointed to eBay efforts to fight fraud, which the company has said costs up to $20 million a year.

In its April 1 ruling, the U.S. Second Circuit Court of Appeals had upheld Sullivan's July 2008 dismissal of most of Tiffany's lawsuit, saying that "eBay did not itself sell counterfeit Tiffany goods; only the fraudulent vendors did."
Tiffany is based in New York and eBay in San Jose, California.

The case is Tiffany (NJ) Inc et al v. eBay Inc, U.S. District Court, Southern District of New York, No. 04-04607.

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Taobao Marketplace Teams up with Louis Vuitton to Combat Counterfeits

TAOBAO MARKETPLACE has taken another step against counterfeit luxury goods by inking an agreement with Louis Vuitton to proactively remove intellectual property rights (IPR) infringing listings on it platform.

This is not the first time China's leading online e-tailer has collaborated with a luxury retailer as March last year they announced a similar deal, Taobao Teams Up With Apple, Gucci To Remove Counterfeit Products.

Alibaba Group, China’s massive e-commerce firm, has announced a partnership with French high fashion label Louis Vuitton that aims to stop the sale of counterfeit luxury goods in China. The Alibaba-owned Taobao marketplace, China’s largest consumer-to-consumer online shopping outlet, is often flooded with knock-off designer goods in a country that largely turns a blind eye to their distribution. Alibaba, as a whole, handles more web transactions annually than both Amazon and eBay combined.

Louis Vuitton, owned by LVHM Moët Hennessy, is world-famous for its distinctive brown monogram leather merchandise. Due to both their popularity among celebrities and high price tags, the brand’s accessories are a prime target for counterfeiters. The brand have recently launched their upmarket line in order to distinguish themselves and reach a more elitist market.

Earlier this year, Chinese authorities in Guiyang broke up a high-profile counterfeit goods operation that was based in a high-end hotel. Police confiscated more than 6,000 fake items worth more than 81 million yuan ($13 million).

“The store owner admitted his bags cost around 100 to 200 yuan (US$16-$32) but that he sold them for over 1,000 yuan (US$160). The bags were of high quality and most of the buyers could not tell the difference from genuine items,” reported Want China Time. “Most of the goods were counterfeits of luxury brands Louis Vuitton and Gucci.”

Under the agreement with Louis Vuitton, Taobao Marketplace will proactively take down product listings of suspected counterfeit goods and implement preventive measures to stop sellers from listing fake items. These measures strengthen the current system in place whereby brand owners notify Taobao of intellectual property rights (IPR) infringing items and then Taobao acts to remove them from the giant online shopping website.

Alibaba Group online shopping site

The agreement is part of ongoing efforts by Taobao Marketplace to work with brand owners to curtail fakes.  In August, Alibaba Group signed an agreement with world’s largest anti-counterfeiting group, the International AntiCounterfeiting Coalition (IACC) to work together against pirated goods. The agreement called on IACC members, which include Apple and The Walt Disney Company, to assist Taobao in identifying copyright-infringing products listed on the site. Taobao Marketplace reached a similar agreement last September with the U.S.-based Motion Picture Association (MPA). The website is also working with Chinese government agencies and law enforcement to identify and shut down factories and other sources of counterfeit goods.

The agreement between Louis Vuitton and Taobao Marketplace will go toward building a fairer and more transparent online business environment, the companies said in a joint statement on Friday.

“Such collaboration is invaluable to us, in order to prevent the manufacture, transport and sales of counterfeit goods, online as well as off-line,” said Valérie Sonnier, Global Intellectual Property Director for Louis Vuitton.

Last August, Alibaba signed an agreement with the International Anti-Counterfeiting Coalition (IACC), proving that the e-commerce giant was serious about running a legitimate business.

In 2012, about $1.5 billion worth of counterfeit goods were stopped by European Union customs officials, according to an EU report. Fake watches, bags and clothing made up 46 percent of the value of the intercepted merchandise. China remains the top source for counterfeit items to the EU, said the report published in August.

Although China has taken steps to toughen its anti-piracy initiatives and laws in the face of mounting international criticism, experts say the enforcement of those laws have been mixed and the fluid nature of China’s labour economy means that when one factory closes another opens somewhere else.

Taobao Marketplace, which was removed from the United States Trade Representative list of “notorious markets” for piracy last year, was once a magnet for these counterfeit sellers eager to reach a bigger audience. Taobao’s efforts to clean up its platform has made it harder for counterfeiters to successfully list and sell items, say company officials.

"Taobao Marketplace is dedicated to the protection of intellectual property rights and the fight against counterfeiting, said Ni Liang, Senior Director of Internet Security, Alibaba Group. “We firmly believe that the collaboration between brands, platforms and government agencies will create visible and significant results in the intellectual property enforcement space.

“If Alibaba wants to remain the top dog in China's e-commerce, maintaining credibility with consumers is crucial,” said Duncan Clark, an investment advisory firm chairman who specialises in the Internet and e-commerce, in an interview with The Wall Street Journal.

Alibaba Group Vice President Brian Li added, “The Internet is not a place that generates piracy problems, but it’s a place that exposes them.”


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RELATED ARTICLES
» Help Us Fight Fakes, Alibaba's Impassioned Plea to Global Brands
» Luxury Group Kering sues Alibaba for helping Counterfeiters
» Bank of China Complies With Subpoena In Gucci Counterfeit Case
» Taobao Teams Up With Apple, Gucci To Remove Counterfeit Products
» Louis Vuitton Files Suit in Connection with Counterfeit Goods on Alibaba

Taobao Teams Up With Apple, Gucci To Remove Counterfeit Products

First reported March 20 2011

China’s leading retail website – Taobao has joined hands with some of the world’s best known brands on a sting operation to remove the sales of counterfeit products from the e-commerce website.  A total of 89 brands including Apple, Louis Vuitton, Gucci, Chanel, Estee Lauder, Samsung, Panasonic and Swarovski are participating in the “Special Covert Anti-Counterfeit Operation” announced by Taobao on March 14.

With more than 10 million daily new product listings on Taobao, the sheer number made it very difficult to track counterfeit products. The introduction of a sting operation was inevitable to eradicate fake goods.

The method is simple and effective. Everyday a list of suspected products will be purchased by Taobao itself. These goods will be screened for authenticity and merchants with counterfeit products will punished according to Taobao’s guidelines. Taobao has already purchased 608 items and 586 sellers were found guilty. Taobao disciplines merchants by assessing points against them for violations of its trading policies. The seller will be shut off from Taobao when he or she reaches 48 points within a calendar year.

“This collaboration with brand owners is a further step by Taobao to fortify and escalate its commitment to eliminate counterfeit products from the site, which will advance Taobao’s goal of being a retail destination where consumers can shop with confidence,” said Justine Chao, a Taobao spokeswoman.

In addition to the sting operation, Taobao has implemented a series of safeguards designed to keep counterfeit products off the site, as reported on Alibaba Group’s news site. The safeguards include:

Automated filtering: Product listings that do not match manufacturer SKUs (indicating they are authentic) or are priced abnormally are removed by an automated filtering system. Taobao maintains databases of SKUs and standard product prices.

Manual filtering: A dedicated team monitors the site around the clock and can remove problematic goods from circulation at any time.

Reporting by users: Every product-listing page contains a button so shoppers can easily report suspicious items.

Coordination with brand owners: Taobao received complaints from more than 6,000 brand owners in 2010 and as a result removed approximately 14 million product listings. Taobao is currently in discussion with 214 brand owners on further cooperation.

Taobao officials said that all these programs result in an average of 20,000 product listings being removed from the site each day.  I particularly like how Taobao has leveraged users as gatekeepers. In its efforts to make the site increasingly authentic, Taobao is seriously doing a great job.

Content thanks: TechInAsia

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Louis Vuitton steps up accessories revamp with new designer

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Darren Spaziani

LOUIS VUITTON has hired Proenza Schouler accessories designer Darren Spaziani as part of the luxury brand's efforts to reposition itself as more exclusive and upmarket reports Reuters, 25 September 2013.

Louis Vuitton, the world's biggest luxury brand and part of French group LVMH, has been trying to become more elitist after suffering a dip in demand for the 600-700 euros ($810-$940) logo-embossed canvas bags on which it built its profitability.

Earlier this month, a survey of store managers showed its new and pricer bags, such as the 3,500-euro Capucines, were flying off the shelves at European fashion capitals, signalling that the strategy was starting to bear fruit.

Louis Vuitton Capucines bag

Louis Vuitton said Spaziani would create new collections made with "leather of the highest quality".

Delphine Arnault, daughter of LVMH Chief Executive Bernard Arnault and recently appointed No.2 at Louis Vuitton, on Tuesday described Spaziani as "one of the most talented designers of his generation".

"He knows the maison well and will bring modern vision and professionalism to Louis Vuitton's creations," Arnault added in a statement.

Spaziani, 38, who graduated from the elite fashion school London's Central Saint Martins and London College of Fashion, worked for Louis Vuitton from 2004 to 2006.

As well as Proenza Schouler, he has previously worked as accessories design director at Balenciaga, part of Kering, in Paris and did consulting work for Diane von Furstenberg and Tory Burch in New York.

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Target’s Mossimo Messenger knockoff Proenza Schouler PS1 bag?

The Proenza Schouler PS1 Large leather satchel

PROENZA SCHOULER brand’s beloved PS1 bag has an uncanny copy by Mossimo on the sales floor at Target—a knockoff that smarts for designers Lazaro Hernandez and Jack McCollough because they created a Go International collection for the store (which, because of the recent Go International anniversary reissue, is being sold now. But on Wednesday, the Proenza designers, Jack McCollough and Lazaro Hernandez, became aware themselves when Mr. McCollough’s sister in California e-mailed a photo of the Mossimo bag at her local Target and another blog mentioned the similarities. The designers say they are disappointed with Target. Reported the New York Times 25/03/11.

This messenger bag, sold at Target under the Mossimo label. To be sure, the bags are not 100 percent identical. The Mossimo bag £22.38 ($34.99) is made of fake leather, while the PS1 £1,020 ($1,595 for the medium-size version) is of genuine leather. The placement of the straps is slightly different, and the PS1 utilises a distinctive fold-down closure in antiqued brass whereas the Target model has an ordinary turn-key closure. But other design parallels are hard to ignore. The PS1, which Proenza brought out two years ago after a fair amount of research and development, has a V-shaped front flap cross-sectioned with trim detail to suggest a square; so does the Mossimo. And the straps that run over the front of the PS1 are tucked into small flat loops free of hardware; ditto the Mossimo.

“Our whole aesthetical idea with this bag was to take the hardware off,” Mr. Hernandez said on Thursday as he and Mr. McCollough and Shirley Cook, the company’s chief executive, examined photos of the Target bag in their SoHo office. “And the attitude, the slouch of the bag — they got the weight really right,” Mr. Hernandez added with a rueful laugh.

The similarities are not lost on bloggers, though a certain logic is. “I can’t believe how much alike they are!” a commenter said on myaffordablebeauty.com. And here is this unquestioning post from Mattieologie: “I’ve expressed numerous times how much I love Proenza Schouler’s PS1 bag, but I am so far from affording it. But luckily there’s this magical place Target where they make dreams true. Exhibit A: the Mossimo Messenger bag per Target is a clever variation of the PS1 for the fraction of the price.”

The messenger bag, sold at Target under the Mossimo label

Mr. McCollough can understand that people love bargains and knockoffs, but variations, clever or not, rob companies, small companies like Proenza, of opportunities. Reading the post, he remarked, “Yeah, why save up and buy ours when you can buy theirs right away?”

Ms. Cook said that the PS1 “has been a huge part of the growth of our business, as well a significant branding element.” But what especially troubles the designers about what they see as a knockoff is that they have had a collaborative relationship with Target in the mass merchant’s Go International program. Several years ago the designers did a spring collection of about 65 pieces for Target, and recently they agreed to let the merchant reissue some of those looks for its Go anniversary promotion.

“So our product is in Target right now, and then this bag comes out,” Ms. Cook said. “It’s just disappointing, especially from someone we worked with.”
Copying is rampant at all levels of the fashion industry, and legal protection is limited and costly to pursue. But the closeness of the Mossimo bag’s styling, similar enough to invite comparisons to the PS1, is surprising in view of Target’s relationships with designers. For that reason, Mr. McCollough said, he wishes that Target would stop selling the Mossimo bag.

That seems unlikely. On Thursday, in response to my query, a Target spokesman, Joshua Thomas, issued a statement: “Target is committed to offering our guests everyday essentials alongside highly differentiated merchandise, all at a great value. It always has been and continues to be the policy of Target to respect the intellectual property rights of others.” Mr. Thomas said the company had no further comment.

Content Friend: CATHY HORYN

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Victory for Versace in counterfeit & fake fashion ruling

Versus Versace Autumn/Winter-2013-14

VERSACE, Italian fashion house has triumphed over a ring of counterfeiters in court - but it has take the label four-and-a-half-years to do so. The luxury fashion house has won a landmark court case against a company  selling fake, Versace-branded merchandise on eBay has been banned from doing so following a court ruling.

WWD report how the case, filed in Northern California, means the Griffith Suisse Luxury Group is now prohibited from using Versace's trademarks and utilising auction website eBay as a selling platform. The group had been selling counterfeit Versace-branded merchandise from the site out of the Philippines and Australia. The Italian brand first started legal proceedings in California over four years ago against the Griffith Suisse Luxury Group - a company that had been selling fake Versace Goods via the online shopping platform. As a result of yesterday's ruling, the group has been banned from eBay indefinitely and is no longer able to use Versace's trademarks in its designs

Versus Versace Autumn/Winter-2013-14

"Counterfeit goods not only bring a dilution of the brand, but are connected to organised crime, child labour and harmful working conditions," said Versace chief executive officer Gian Giacomo Ferraris  told WWD. "We are very pleased with the ruling. Versace is a brand that is well known around the world, and the violation of its intellectual property rights is a problem that the company has always been actively fighting. One cannot take pride in being counterfeited."

Versace has recently signed up to, Certilogo, system that allows customers to enter their code online using the Certilogo Authenticator to check the authenticity of their purchase., Authentic Versace products carry a Certilogo code - a unique traceable serial number enables a product to be verified. Customers are able to check online purchases by using the code, and send it back if found to be counterfeit.

"It's a clear system and very transparent, We want to protect consumers and all those affected by the manufacture and trade in fake goods," said Ferraris. "I want to take this opportunity and thank our legal team, both in-house and at Sheppard Mullin Richter & Hamptom LLP, for conceiving a strategy that gave Griffith no alternative but accept our requests."

Resale site eBay's policy is not to allow replicas, counterfeit items, or unauthorised copies to be listed for sale,

Additional content: WWD

For luxury authentic products & services; http://www.luxuryonlinestore.net


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U.S., China team up to seize counterfeit goods in joint operation

WASHINGTON, July 31 (Reuters) - The United States and China have joined forces in a combined operation to crack down on counterfeit goods, seizing more than 243,000 fake electronics products, including popular consumer items made by Apple, Samsung, Dr Dre and Blackberry.

* Biggest bilateral customs effort ever - U.S. agency says

* China accounts for 72 percent of intellectual property right seizures

U.S. Customs and Border Protection said the month-long operation was the biggest bilateral customs enforcement effort ever conducted by the United States. It focused on seizures of goods in ports as they were exported from China or imported into the United States.

While the operation resulted in only one arrest, U.S. officials said they see it as a sign that the Beijing government is finally acting on their complaints of Chinese theft of intellectual property.

The two countries agreed in recent high-level talks that they would work together to try to stem the large quantities of fake goods flowing between China and the United States.

"The theft of intellectual property is a global problem and cross-border efforts are needed to fight it," said Thomas Winkowski, the acting commissioner of Customs and Border Protection.

"Robust enforcement of intellectual property rights allows innovators and creators - whether in a small start-up or an international corporation - to profit from their efforts and gives consumers confidence in the reputations of the products they buy."

China is the primary source of counterfeit and pirated goods in the United States and accounts for 72 percent of all seizures relating to intellectual property rights, according to the U.S. agency's fiscal 2012 statistics.

Theft of intellectual property rights costs U.S. businesses $320 billion a year, equivalent to the annual value of U.S. exports to Asia, according to a report by the Commission on the Theft of American Intellectual Property, a group of former U.S. officials.

GLOBAL PROBLEM

China's Vice Minister of the General Administration of China Customs, Zou Zhiwu, said both countries need to work together to effectively curb the movement of counterfeit products.

"IPR infringement is a global issue involving not only the process of production and export, but also that of import and circulation," he said. "Enforcement agencies around the world should work more closely to crack down (on) these illegal activities."

The operation took place at ports in the United States and China. The main U.S. ports involved were Anchorage, Cincinnati, Los Angeles and Newark. In China the primary ports were Beijing, Guangzhou, Shanghai and Shenzhen.

Chinese and American customs officials did not work together physically, but acted on shared information and tips, officials said.

The single arrest was that of an American citizen who imported counterfeit Dr Dre headphones and sold them on Craigslist. He was arrested in the New Orleans area after Chinese customs passed on a tip to U.S. officials.

"The fight against criminal counterfeiters overseas presents a great deal of challenges to U.S. law enforcement," said Daniel Ragsdale, deputy director of Immigration and Customs Enforcement. "But it is a fight we are committed to and through the international partnerships we forge with foreign customs and law enforcement agencies, we are making an impact."

the largest previous bilateral operation conducted by the United States was with French Customs over a six-month period. In that operation, officials made 470 seizures of electronic components like semiconductors, memory cards and computer storage devices.

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Content friend: Reuters

Number Of Counterfeit Fashion Seizures Down

COUNTERFEIT fashion seizures has gone down, according to a recent report from WWD. According to a report by US customs released last week (January 2013).  Fewer counterfeit fashion and apparel products were seized in 2012 than in 2011. Officials intercepted sales of 7,800 fake apparel goods worth up to $133 million (£87.3 million) in 2012, according to a report by . In comparison, a total of 8,094 clothing items valued at $142.3 million (£90 million) were seized in 2011.

Additionally, for the fiscal year 2012, US customs seized $511.2 million (£321.8 million) worth of fake handbags and wallets; $186.9 million (£117.7 million) worth of counterfeit watches and jewellery; and $103.3 million (£65 million) worth of  footwear.  A total of 697 websites facilitating the sale of counterfeit goods were taken down over the last 12 months.  China is named as the number-one source of imitation products.

"As online commerce continues to expand, we are seeing more international criminal organisations exploiting cyberspace to further their criminal enterprises," said Lev Kubiak, director of the National Intellectual Property Rights Centre. "Websites are increasingly the front end or entry point for consumers, businesses and criminal organisations to the international supply chain."

Our own intelligence supports Lev Kubiak findings that websites are indeed increasingly the front end or entry point for consumers and urge the public that as counterfeits have become more sophisticated that luxury authentication is still one of the most successful ways to minimise the risk of being duped out of your hard earned money.


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