Britain's Black Friday Sales Fight Online Fraud

Delortae Agency 5 step guide. As Britain's Black Friday Sales set to boost online shopping which online scammers will be taking advantage of to defraud consumers out of their hard-earned cash and what steps we can take to protect ourselves and our accounts from fraudulent activity.

£10 million pounds was spent last year, 2015 with £12,000 online scam victims so what can we do?

1. E-mails. One of the most successful ways online scammers are using is our e-mail accounts. E-mail hacking of our email and banking accounts are being systematically attacked by fraudsters. Look at the address of the e-mail sender. It may look as if it's coming from a legitimate company but a close look at the sender will alert you to the sender and DO NOT click on any links or download any zipped files that proport to be an invoice, delivery or dispatch notices. These will contain viruses and malware that will be installed on your device and wait silently to register your 'key strokes'.
2. Passwords. Are a favoured way to get access to your money. It is fast and allows the thieves to spend large amounts of your money in a short space of time. Remember your bank will never email or text you to confirm your banking and login information. If you do receive this type of correspondence, report it to your financial institution immediately.
3. Fake Websites. There will be a flurry of activity on the set up of fake websites selling high ticket items. You will be encouraged to purchase these 'bargains' and on checkout be encouraged to enter your payment details along with your address for delivery. With this information, they will have the information they need to make purchases which are what they want. Purchase from legitimate websites and only make purchases from sites you know and trust and display SSL encryption on the payment page, the often green padlock or other verification in the URL Adress bar proves this site has been verified for payment. If it does not display 'https' before the address, avoid!
4. Transaction Page. Look for the verification and safe seal certificates displayed and if possible pay with a third party account, such as PayPal that will offer some protection about items that are not as described or don't arrive at all. They want your payment information and your money!
5. Pickpockets. If you going to brave the high street in search of that bargain, keep your wits about you. They will be looking for somebody vulnerable, momentarily distracted to relieve you of your cash or your goods.

Download the Luxury Income Club Online Scam Survival Guide for more help, tips and advice.

Remember; if something looks too good to be true, it usually is. Share with us your experiences of possible fraudulent activity and we will ensure it is followed up with the relevant authorities and happy shopping.

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Louis Vuitton Files Suit in Connection with Counterfeit Goods on Alibaba

Fake Louis Vuitton Speedy bag

LOUIS VUITTON have fallen out once again with China's leading online e-tailer TAOBAO MARKETPLACE less than three years after the two signed a collaboration agreement Delorate Agency reported 14/10/2013.

The agreement Alibaba Group, China’s massive e-commerce firm, had announced with their partnership with French high fashion label Louis Vuitton that aimed to stop the sale of counterfeit luxury goods in China. And let's not forget the Taobao Teams Up With Apple, Gucci To Remove Counterfeit Products Delortae Agency reported 20/3/2011 

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 has filed suit in Beijing in connection with the sale of counterfeit goods on TaoBao, Alibaba’s e-commerce marketplace. According to Louis Vuitton’s complaint, which was filed in Beijing’s Haidian District Court, three individual sellers on the TaoBao platform were formerly convicted of operating a “serious” counterfeit counterfeit involving the sale of Louis Vuitton goods between 2011 and 2014. As a result, Louis Vuitton is owed 250,000 yuan, or $37,900 at current exchange, in economic damages.

Delortae Agency also reported in 2013, copyright and trademark infringement lawsuits against a number of counterfeit websites. Louis Vuitton set their sights on iOffer and their individual users (iOffer is a San Francisco based online trading community website that consists almost entirely of China based sellers) Websites also did not avoid their "net" as www.cheaplouisvuitton.com, a major infringement website blatantly flouting the major brands trademark with fakes, were also sued by the design house.

Like Chanel, before them, targeting individual sellers Louis Vuitton is targeting individual iOffer sellers also, for selling counterfeit items rather than to direct the suits to iOffer itself. No longer limiting themselves to the suits against domains alone and taking the fight straight to individual iOffer member merchants. Gucci also have sued individual iOffers members in similar suits against 102 individual sellers.

This maybe a trend that we will be seeing more of. Since the law seems to be telling the brands in recent rulings is that it is the brand responsibility to to protect it's property as shown in eBay Defeats Tiffany in Counterfeit Jewellery Suit, which Delortae Agency reported 20/10/2013.

Tracking the vast majority of the individual sellers will be difficult to locate and identify as they grow more sophisticated in covering their tracks to protect their proceeds from counterfeit sales. This does mean however, their individual shops within Marketplace websites such as eBay, Taobao, iOffer or Amazon, will be shut down immediately supported by a court order. 

Any funds Department of Justice, in association with the National Intellectual Property Rights Coordination Centre, who can prove and trace the funds that individual sellers have amassed from the sale of counterfeits, they can be turned over to the respected brand houses who filed the suit. 

This sent a very strong message to the brands but this current case could be sending a stronger one to the individual sellers.

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Bank of China Complies With Subpoena In Gucci Counterfeit Case

Gucci Runway AW09

> U.S. judge found bank in contempt, fined it $50,000 a day
> Gucci sought bank records of counterfeiters in China

Bank of China Ltd. turned over records in a case brought by Gucci America Inc. after a U.S. judge fined it $50,000 a day for not complying with subpoenas seeking information about Chinese makers of counterfeit luxury goods reports Bloomberg.

U.S. District Judge Richard Sullivan in New York found the Beijing-based bank in contempt in November for disobeying orders to turn over account information Gucci wanted to help it trace and recover money from the sale of counterfeits. Bank of China claimed Sullivan lacked the authority to order it to produce evidence and said doing so would force it to violate China’s banking laws.

Sullivan’s order cited the bank’s “refusal to comply with U.S. law, while it continues to receive the benefits attendant to its banking activity in the United States.” He said the bank was “flouting” his orders.

"By making today’s document production, BOC has complied with the court’s orders and believes it has purged its contempt," David Esseks, a lawyer for the bank, said in a letter to Sullivan on Wednesday. Esseks said Bank of China believes the document production means it is no longer liable for the daily sanction.

Bank of China, which is controlled by the Chinese government, is one of the biggest banks in the world, with global assets of about $2.5 trillion, $65 billion of which are held by five branches in the U.S.

Brett Philbin, the bank’s spokesman at public relations firm Edelman, didn’t immediately respond to a request for comment on Wednesday’s letter. Floriane Geroudet, a spokeswoman for Gucci’s Paris-based parent, Kering SA, didn’t immediately return an e-mail after business hours there.

The case is Gucci America Inc. v. Weixing Li, 10-cv-04974, U.S. District Court, Southern District of New York (Manhattan).



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YSL Settles Ain't Laurent Lawsuit

YVES SAINT LAURENT has settled its lawsuit against parody T-shirt company What About Yves. The French house took exception to the production of merchandise bearing the words "Ain't Laurent Without Yves" in reaction to creative director Hedi Slimane's decision to rebrand the company without the founder's forename, asserting that the items were guilty of "trademark infringement, trademark dilution, false designation of origin, and unfair competition".

What About Yves. You may recall that YSL filed suit against the company and its founder, Jeanine Heller, this past April for manufacturing and selling t-shirts and sweatshirts that read, Ain’t Laurent Without Yves. The Paris-based company, which dropped the “Yves” from the name of its revamped ready-to-wear collection in 2012 when creative director Hedi Slimane came on board, alleged claims of trademark infringement, trademark dilution, false designation of origin, and unfair competition.

Things got interesting when after YSL sent Heller a number of letters alerting her of such intellectual property charges. According to YSL’s complaint, which was filed in the Southern District of New York court, after a number of letters that YSL sent Heller on the matter went unanswered, Heller finally reached out to the design house's counsel, denied any wrongdoing, and offered to sell her Ain't Laurent Without Yves trademark to them. (Yes, Heller filed to federally register the mark with the U.S. Patent and Trademark Office but was ultimately rejected due to its similarity to a number of existing trademarks belonging to YSL). All the while, Heller continued to sell the allegedly infringing t-shirts to retailers including famed Paris boutique, Colette, with which YSL ultimately cut ties as a result of its stocking of the t-shirt.

After settling a similar lawsuit with Chanel this past year (even though the shirts at issue

in that case are still available for sale on the What About Yves website), Heller settled the case with YSL earlier this month. According to the docket for the Southern District of New York court, the case was voluntarily dismissed on January 12th, and while it appears that Heller agreed to remove the YSL tees, there is no word on what the monetary component of the settlement is as reported by The Fashion Law.


YSL has been bombarded with complaints from dissatisfied fans after unveiling the new Saint Laurent Paris logo on Facebook earlier this week. The brand shared a photo of a box bearing the new logo on their official page - which, despite receiving almost 3,000 Likes so far, has attracted a slew of negative comments.

"Hard to believe such a poor decision has been made, which can only damage the brand," says Chris Dickman, while Molly McGlew adds: "This is so boring and genuinely disappointing."

"Go back to the old logo, the new one lacks imagination," comments Adi Elias. "I'm not a fan of the new logo, but I can see what the brand was aiming for," adds  Lucy Geremin. "But I really do think the Yves or Y was quite important and iconic. The new logo doesn't represent the same brand to me."

But not everyone shares the same view: "What Hedi proposes is both new and old, looking forward but with respect for the old," comments Nick Byrne. "YSL and the full name in the same script were only used for Haute Couture. The ready-to-wear used the same typeface which Hedi has proposed."


"Very fresh, modern, contemporary... of the moment," adds Ian Edwards. "It speaks of an austere, inconspicuous, but highly elegant luxury."

Heller has had a busy year in litigation, after Chanel took issue with a double C-printed T-shirt that she was selling - a case that was also settled out of court. She currently still retails the double C print - along with parodies of the Dior, Hermès and LVMH logos - so it's unlikely that this is the last time we'll hear her name in connection with trademark-infringement accusations.

The settlement comes at a time when the fashion industry is debating the future of Yves Saint Laurent creative director Slimane, despite repeated assertions by the brand that he is going nowhere. The designer is said to have personally objected to the What About Yves pieces so strongly that he chose to withdraw the entire Saint Laurent collection from Parisian boutique Colette in 2013, simply because it also carried the parody sweaters.



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Taylor Swift Settles "Lucky 13" Lawsuit, Avoiding Trial

Taylor Swift

The singer strikes a deal to end the trademark dispute right as she was scheduled to submit to a deposition reports The Hollywood Reporter.

Taylor Swift has put to end to an uncomfortable legal difficulty with a confidential settlement executed with Blue Sphere, an Orange County-based clothing company that accused the singer of infringing its "Lucky 13" trademarks.

The lawsuit against Swift was filed in May 2014 as Delortae Agency reported here Taylor Swift Sued by Lucky 13 Apparel Company for Trademark Infringement, after she allegedly began marketing clothing bearing the "Lucky 13" phrase and made a partnership with a greeting card company conducting a "Lucky 13" sweepstakes.

In recent months, the litigation had evolved from a ho-hum trademark case into one that delved into many aspects of Swift's business acumen and had the prospect of becoming embarrassing ahead of a trial that was scheduled for January.

In particular, Blue Sphere and Swift went several rounds over whether she'd have to submit to a deposition. Swift claimed "harassment" as well as a busy tour schedule with the plaintiff investigating endorsement deals and serving subpoenas on Elizabeth Arden, Coca-Cola Company, Proctor & Gamble, Toyota Motor Sales and Papa John's, among others.

Her agents at William Morris Endeavor handed over its documents pertaining to Swift while attorneys for Blue Sphere continued to hunt for such items like all photographs and videos of Swift in which her buttocks or breasts were at least partially visible. The effort was made in part to figure out how products were being named, what other products might have been contemplated, and whether there were searches of trademark records in conjunction with all this. Additionally, Blue Sphere looked to investigate Swift's control over her brand and understanding of marketing channels.

In August, a judge cleared the way for a deposition, though the two sides continued to fight over timing.

Those looking for a better understanding of why Swift filed registrations on such marks as "this sick beat" or how hands-on she has been in her business won't learn anything more in the case. On Friday, the parties told a judge of the settlement agreement resolving all claims. 

Swift was represented by J. Douglas Baldridge at Venable while Blue Sphere was handled by Gary Rinkerman at Drinker Biddle & Reath.

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Chanel And "parody" Streetwear Brand in Trademark Suit

Parody Street Wear

CHANEL is unimpressed with a T-shirt depicting its famous double C logo as the Ghostbusters sign, so much so that it is taking legal action against the garment's makers. Jeanine Heller, the founder of "parody" streetwear brand






What About Yves - made famous for its "Aint Laurent Without Yves" merchandise - has been served with a trademark infringement suit by Chanel.

Filed last week in New York, the suit asserts that Heller is "displaying, offering for sale, and selling on her website, and selling to third-party retailers, a T-shirt and a sweatshirt bearing Chanel's CC monogram mark with an image of an animated ghost commonly associated with the motion picture Ghostbusters," The Fashion Law reports.

The company says that, far from "transforming the mark", which is a standard defence for parody products, Heller is using the "clearly recognisable CC monogram mark [on] her own clothing precisely because of the iconic status of the mark, with knowledge of its association with Chanel, in order to call to mind Chanel".

Heller's brand made fashion headlines last year when it was found to be at the root of a disagreement between Saint Laurent and Parisian boutique Colette. Heller's "Aint Laurent" merchandise - which passed comment on creative director Hedi Slimane's decision to drop the word Yves from the brand's logo - was stocked by Colette, leading Slimane to pull his Saint Laurent collection in its entirety from the store.

The website, which is still offering the "Official Chanel X Ghostbusters" designs for sale, also stocks products which parody or infringe (depending on your point of view) the famous logos of brands including Hermès, Louis Vuitton and Dior. Whether any of these brands will take legal action remains to be seen, but Chanel is seeking damages that amount to up to "three times the amount of actual damages sustained" reported Vogue UK



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Gap Back In New Dehli Court Now Green The Gap Trademark Battle

Green the Gap, an Indian company, mainly sells accessories and home decor items made out of waste including beer cans, rubber tyres and fruit cartons.

GAP are back in a New Delhi High Court this time with Indian Retailer Green The only weeks after we reported Two New Delhi Firms In Battle with GAP In Trademark Lawsuit 16/07/2015.

NEW DELHI: Gap, the US apparel company that recently opened its first store in India, is taking legal recourse to defend its trademarks again, this time against small Indian retailer Green The Gap says Live Mint.

In March, the owners of Green the Gap were slapped with a legal notice by Gap asking them to change their name within 14 days. 

New Delhi: An Indian recycling company which uses junk to create accessories is fighting a legal trademark suit launched by US clothing giant Gap Inc. demanding that the firm change its name.

Green the Gap, an Indian company which runs three stores in the country, mainly sells accessories and home decor items made out of waste including beer cans, rubber tyres and fruit cartons.

Vimlendu Jha, founding owner of the firm, which also sells clothing for other brands, accused Gap in an interview last Friday of seeking to “bully” a small Indian company.

In March, the owners were slapped with a legal notice by Gap asking them to change their name and remove any reference to the company from their labels within 14 days.

A month later, the US retailer told the Indian firm it could keep its name for registration purposes but must remove any mention of Gap in their labelling and on their website, Jha said.

“Gap said our company is infringing upon their branding and that we are riding on their goodwill to create confusion in the minds of buyers,” Jha told AFP.

“We were shocked and angered that a company of that size and stature and supposed respectability is getting threatened by a small business,” he said.

The legal notice, a copy of which was seen by AFP, said Gap was “seriously concerned” about the adoption of its “well-known trademark” by the Indian entity.

K&S Partners, the law firm that issued the notice on behalf of Gap, was not immediately available for comment.

But Gap said it “does not comment on pending litigation” in response to an email query from AFP.

Jha added that Green the Gap’s name was an environmental reference.

“We wanted to ask people is it possible to consume less and can we consume green? We upcycle trash which means we add value to junk by creating a new and useful product,” he said, adding that the idea of competing with Gap was nowhere in their minds.

“For us ‘gap’ is a word in the English language that means void, absence. How can you monopolise a common English word?

“Next we will hear we can’t use apple and orange in our lexicon. This is plain ridiculous.”

He said the company was now in verbal negotiations with Gap to try to settle the dispute.

Jha launched Green the Gap five years ago as part of Swechha, an Indian advocacy group he set up to pursue environmental sustainability and proper pay for workers.

The name was inspired by a Swechha education scheme known as Bridge the Gap, said Jha.

Gap, which is the largest casual wear retailer in the US with annual sales of over $15 billion, has some 3,000 outlets in 90 countries across the world. It also owns global brands such as Old Navy and Banana Republic.

Local media reports have said Gap plans to open stores in India some time next year, which would make it one of the biggest global brands to launch in the country.

The government in the past few years has relaxed restrictions for international retailers to set up shop in the country as it seeks more foreign investment.

India’s trademark act stipulates that another company cannot sell products with an identical or confusingly similar label.

Jha said the US retailer’s legal suit should ring alarm bells for the government.

“Opening up the market for larger players must not mean that smaller players are shut out,” he said. AFP

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Two New Delhi Firms In Battle with GAP In Trademark Lawsuit

GAP America

GAP are in a battle with two New Delhi companies in India for trademark violations reports the Economic Times.

The article goes on to say; Gap, the US apparel company that recently opened its first store in India, is taking legal recourse to defend its trademarks here. Gap has dragged two Indian apparel manufacturers to the Delhi High Court, alleging trademark violations for using labels such as Gap-In, Gap-2 and Gap Two.

Priya Rao, a lawyer representing Gap, said that the court appointed commissioners in one case each in Delhi and Bengaluru who conducted raids and seized goods that were considered to have infringed the company's trademarks.

Gap became aware of the violations in January and issued legal notices to no effect, according to the court order in May issued in response to Gap's plea for a permanent injunction to restrain the manufacturers.

In January, the court had said that Gap is a well known company and it has an established reputation in general public for the trademark. "The act of the defendant in selling apparel under the trademark Gap-In is an infringement upon the rights of the plaintiff," the court said, while giving an injunction in January in one of the cases.

In the court documents, Gap lawyers argued that the Delhi Based manufacturer had been using Gap, Gap-2 or Gap-Two logos, which are deceptively similar to that of the San Francisco-based fashion giant.

The court issued an ex parte interim order restraining the defendants from manufacturing, selling or using the trademark and ordered the issue of summons to them returnable on October 12.

Gap sells clothing, accessories and personal care products under the Gap, Banana Republic, Old Navy, Athleta and Intermix brands. Its products are available in more than 90 countries.

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Tory Burch Counterfeiters Ordered To Pay $41M In Trademark Violation

Tory Burch with double T logo pic: via Daily Mail UK

TORY BURCH and former husband, Chris Burch, had finally come to an agreement over their heated legal battle concerning his stake in the brand. Although few details have been disclosed, the pair - who founded the label in 2003, before their split in 2007 - have resolved all pending claims. Additionally, two minority investors had been brought on board - Capital Partners and General Atlantic now found themselves in a new legal wrangle.

Despite the apparent similarities, Lix & J had countersued Tory Burch for unfair trade practices, tortious interference with its business relationships, defamation, and trademark infringement. Lin & J claimed that its Isis Design is inspired by the Isis cross or a Coptic cross, which is a symmetrical cross with short, flanged bars, typically set in a circle. Nonetheless, in addition to finding that Lin & J had fabricated and destroyed evidence, the court ruled against Lin & J. This $41.2 million win for Tory Burch will be another notch added to her designer belt and not to mention her $3 billion empire.

Tory Burch’s TT Design (Left) versus
Lin & J’s Isis Cross Design (Right)

After two years of battle in court, Tory Burch LLC

(“Tory Burch”) wins $41.2 million ($38.9 million in damages and $2.3 million in attorneys’ fees) in its trademark infringement lawsuit against Lin & J International, Inc. (“Lin & J”), which was filed on May 31, 2013, in the U.S. District Court of the Southern District of New York. Tory Burch alleged in its 2013 complaint that Lin & J’s unauthorized use of Tory Burch’s federally registered trademarks and copyrighted works violated trademark counterfeiting, trademark infringement, trademark dilution, copyright infringement, and unfair competition laws. In particular, Tory Burch claimed that Lin & J wrongfully reproduced earrings, necklaces, pendants, cuffs, bangles, and bracelets bearing unauthorised reproductions of Tory Burch’s famous TT Designs.

U.S. Reg. No. 3,029,795; Registration Date: December 31, 2005

U.S. District Judge Denise L. Cote ordered Youngran Kim and her company Lin & J International Inc. to pay $38.9 million in damages, attorneys’ fees of $2.3 million and costs of the action to be determined later, along with interest for the aforementioned until full payment is made, according to court documents.


Friday’s order ends a case first brought in May 2013, which accused Kim of being one of the largest

counterfeiters in the U.S. Kim had argued that she independently created her “Isis cross” design based on another mark sold by a separate company she founded in 2003.


Judge Cote granted summary judgment in favor of Tory Burch in December, saying Kim willfully counterfeited and infringed the designer’s trademarks.


The judge said the evidence showed that the Tory Burch logo has acquired secondary meaning and was entitled to protection, determining that there was no dispute that the public was moved in some degree to buy Tory Burch products bearing the logo because of the source.


Judge Cote also ruled that Tory Burch clearly established a likelihood of confusion with respect to the products in question.

U.S. Reg. No. 4,363,739; Registration Date: July 9, 2013

The judge had previously found
that the defendants had fabricated and destroyed evidence during discovery and struck their opposition papers to Tory Burch’s summary judgment bid. She sanctioned the defendants’ lawyer Howard Z. Myerowitz of Song Law Firm LLC $10,000 for misrepresenting the day he served Tory Burch with the opposition papers and forwarded the issue to the state bar.




The complaint alleged Kim sold
knock-off products to more than 420 wholesalers and retailers, which eventually distributed the imitation jewellery to thousands of sellers.

Representatives for the parties did not immediately respond to requests for comment Friday.

Tory Burch is represented by Natalie L. Arbaugh, Kristen A. McCallion, Michael A. Bittner and Irene E. Hudson of Fish & Richardson PC.


The defendants are represented by Howard Z. Myerowitz and Jeremy M. Doberman of Song Law Firm LLC.
The case is River Light V LP et al. v. Lin & J International Inc. et al., case number 1:13-cv-03669, in the U.S. District Court for the Southern District of New York.


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Skechers Sues Steve Madden For 'Go Walk' Patent Infringement

Steve Madden 

California-based Skechers USA Inc. said today it is suing Steve Madden Ltd. for infringing on its patented Skechers Go Walk line.

The suit, filed in the U.S. District Court for the Central District of California, is seeking damages. According to the lawsuit obtained by Footwear News, Skechers argues that Madden’s Setta style, which has a woven elastic upper and molded rubber bottom, directly infringes on seven patents owned by Skechers that are used in its Go Walk collection.

Skechers states in the suit: “The innovative design of the Skechers Go series and other

One of the Skechers' Go Walk patents (top)
and the Steve Madden Setta style (bottom).

such styles have significantly contributed to the company’s recent successes …. The fame and popularity of various styles of shoes both within and beyond the Skechers Go series is evident in the fact that millions of pairs of Skechers Go series shoes have been sold since their introduction on the market.”

“While we prefer to compete in the marketplace, Steven Madden is selling its infringing footwear to Skechers’ wholesale customers and in other sales channels where the Skechers products are sold, and we believe this is causing us enormous damage,” said David Weinberg, COO of Skechers, in a release. “We plan on taking similar action against any company that develops any products that infringe on the patents of the Skechers Go Walk or any of our other popular product lines, and any retailer that sells the Steven by Steve Madden Setta style.”

Skechers declined additional comment. Steve Madden also declined a request for comment.

It’s not the first time the two brands have gone to court. The most recent case in 2011, Skechers sued Madden for infringing on its patented Twinkle Toes line. The case was settled out of court.

The Steve Madden Setta shoe style.

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Taylor Swift Sued by Lucky 13 Apparel Company for Trademark Infringement

Taylor Swift

E! News has exclusively learned that the Grammy winner is being sued by Orange County-based apparel company Lucky 13.

According to the lawsuit, which was filed early Tuesday morning, the clothing brand is accusing T.Swift of trademark infringement stemming from her unauthorised use of Lucky 13's federally registered trademarks.

The company, which was founded in 1991 and specialises in street wear, claims that they have contacted Swift's camp numerous times but there was no resolution.

The "I Knew You Were Trouble" songstress has made no secret of the fact that the

Lucky 13

superstitious number plays a big role in her life.

Not only is her birthday Dec. 13, but her Twitter handle includes the number as well.

She's also been spotted onstage with the number drawn on her hand during her many sold-out concerts.

"The significance of the number 13 on my hand…I paint this on my hand before every show because 13 is my lucky number—for a lot of reasons," she once explained to MTV News. "It's really weird."

"I was born on the 13th. I turned 13 on Friday the 13th. My first album went gold in 13 weeks. My first No. 1 song had a 13-second intro. Every time I've won an award I've been seated in either the 13th seat, the 13th row, the 13th section or row M, which is the 13th letter."

She added, "Basically whenever a 13 comes up in my life, it's a good thing."

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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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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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Content thanks:VentureBeat