Canadian Enforcement

Counterfeit designer purses and the purse party is one part of a much bigger counterfeiting problem. With the arrival of NAFTA (North American Free Trade Agreement), the need to get a handle on the illegal crossings of goods including counterfeit designer purses has increased in both Canada and Mexico.

In Canada, thwarting the flow of counterfeit designer purses has been made more difficult because of weak border rules and their hit-and-miss enforcement.  In fact, custom officials have little authority.  Why?  For one reason, to try and prosecute is timely, expensive and often not realistic. Then there are all the legal issues that crop up.

For example, only if the Royal Mounted Canadian Police (RCMP) investigates and gives the authority to seize goods is there is a chance for the intellectual property holder to receive justice and the thief to be prosecuted as a criminal.  The good news is that in recent years, there has been a growing cooperation between border customs officer and the RMCP along with a crackdown on the sale of fake designer purses sold at the purse party.

Let’s say on a particular case, the RMCP get a tip that fake Fendi bags are entering Canada and being sold in Ontario at a purse party. Then custom officers can seize goods at the border based on RMCP intelligence in investigation of criminal activities.

The RCMP and custom agents have been working together to train units in the regions of Toronto, Vancouver, Montreal and Halifax in keeping an eye out for counterfeiters operating in their cities. But the border enforcement still falls short of being able to effectively control counterfeit goods coming into Canada. Most of the strength of the legal forces only applies to trade code and copyright violations. And as we have seen, designer handbags cannot be copyrighted as of yet.

In the article, Canadian Anti-Counterfeiting Laws & Practices: A Case for Change by James Holloway, states, “In the luxury goods industry, which includes high-end watches and designer purses, counterfeiting costs billions of dollars in annual sales, continuing to pose a major challenge for luxury goods manufacturers.

In France alone, where many legitimate luxury goods are made, counterfeiting may result in as many as 38,000 lost jobs every year.  In an effort to combat the problem, luxury goods manufacturers spend millions of dollars every year running anti-counterfeiting programs. Still, most markets remain flooded with fake luxury goods including the designer purse.”

Canada’s Copyright Act states if anyone knowingly makes or sells a copy of a copyrighted work or knowingly imports it into Canada for sale or distribution; they may be guilty of a criminal offence and may be liable for conviction. And yes, that does include the purse party and fake designer purses.  But in order to convict someone for this, the law must show that person acted intentionally with the unmistakable knowledge they were infringing on that copyright and had specific intent to defraud or deceive the consumer.

For you, that means you would have to know the counterfeit designer purses you’re selling at your purse party are fakes. You’re doing it on purpose to make a buck. That isn’t an easy thing to prove. The burden is on the courts to prove the intention. A prosecution relating to someone who sold counterfeit NIKE, TOMMY HILFIGER and OAKLY products was acquitted because this could not be proved.  But don’t think you’ll get away with it forever.

But, if there’s proof the counterfeiter stated his fakes were the legitimate thing, the original designer has grounds for suing that counterfeiter for false advertising. The owner can then demand compensation for his loss in the marketplace as well as the destruction of all of the counterfeiter’s fakes.  The guy might not go to jail, but the designer can ruin him financially.

Now, just as in the United States, a trade mark owner in Canada has the exclusive right to register a trade-mark (or logo) so no one else can put that on their goods. Counterfeiters that do this can be prosecuted. So, if someone puts the Christian Dior logo on their counterfeit designer purse, there’s a good chance they can be prosecuted. Other sections of the Act state if an imposter even markets products with a trade mark that’s so similar that it’s confusing to the consumer they can be arrested.

There you have it, everything you should know about the legalities of accepting an invitation to a purse party. If you know the merchandise is fake don’t go!!!.

United States Enforcement

As far back as the 19^th century, there have been incidences in the U.S of imitations made to look like they were from European markets long before the purse party. At the country’s infancy, there was a sort of patriotic pride in the act of imitating the European designs including the designer purse and making them in the “Good old’ U.S. of A.”  Back then it was mostly in fabric design, fine collectibles and furniture designs. Some of it grew from necessity because the coveted European originals were not obtainable during wartime. So, manufacturing “look-alikes” has long been an acceptable practice in the United States explaining how the counterfeit purse party was born. Many looked at it as a child trying to imitate its parents. The United States has always had a “Europe envy” complex.

In the early 1990’s, the U.S. Court of International Trade even tried to put a disclaimer on products imitating brand names to save the manufacturers from trademark infringement in an effort to break up the monopolies. Established on free enterprise rights and non-government involvement in commerce, the United States has reluctantly “turned the other cheek” as far as the production of knock-offs. As a result, many American consumers believe it’s their “right” as savvy shoppers to hunt down the bargains at a purse party or in flea markets without giving a second thought to if it’s counterfeited or not.

According to the article by Robyn Givhan of the Washington Post in August 2007, while designers admit fakes and knock-offs are an aggravation, in many people’s minds, the bargain basement knock-offs are considered a frugal shopper’s right. Within hours after the Oscars, knock-off evening wear and designer purses worn by the stars as a one of a kind go on sale in reputable stores. Knock-off Kate Spade or Marc Jacob bags are a huge part of the tourist industry in big cities such as New York.

However, there have been very recent moves, backed by high names in the designer arena, to change the laws and broaden them to include the design and fashion industry. Perhaps this is because American designers such as Kate Spade are reaching the levels of the European Design Houses that have been around for decades and decades. This change in the law will affect purse sellers and buyers and will affect the sale of fake designer purse at the purse party.

Several congressmen including Se. Charles Schumer and Rep. Jerrold Nadler have tried to introduce into committee the Design Piracy Prohibition Act.  In an article by the New Observer on August 13, 2007, these two politicians took the stage along with designers at the Fashion Institute of Technology to promote the urgency of this bill. The bill would allow the copyrighting of designer’s designs and take a bite out of the black market’s profits (if it ever makes it through Congress to actually become law).

The Piracy Prohibition Act would protect a designer by allowing him or her to photocopy and register as copyrighted a particular handbag design. However, it would only be protected for three years. And anything that was already in the marketplace would be exempt from the law. The limit of compensation would be $250,000.00 but it would require the destruction of the fake goods including the fake designer purses. Mass marketers would still be able to produce goods that were “inspired” by the designer’s creation. It would put teeth in the prosecution of piracy and counterfeited fakes and also would give the designers more respect as creative artists. What the bill proposes to do is to tack on to the federal Copyright Act of 1976 and thus make the “blueprint” of the design copyrightable.

Many European designers think the best way to combat the fakes and legal knock-offs is to either: a.) introduce less expensive lines of their products to meet the demand of shoppers, or b.) make the attorneys rich by going to court and suing.

To quote from this article in the News Observer from August 13, 2007, “The disregard for designer creativity – for what might be called ‘research and development’ in another industry – reflects the way in which American culture has always viewed fashion. In the early 1990’s for example, French designer Yves Saint Laurent sued Ralph Lauren…”

In 2003, Counterfeit Chic out of Canada stated that it was commonplace for clothing designers in America to watch the New York shows with an eye for how they could knock-off the competitor’s designs and manufacture them in mass. Doing this doesn’t break any infringement laws because they can claim the imitations are only “designer inspired”.

For that reason, a designer gown worn by a movie star at the Oscars can be copied and on the store shelves of Macy’s or Sax Fifth Avenue within days. The line crossing into crime is only if it can be proved the design is a forgery. As long as the tag doesn’t state it’s a designer’s product, it’s legal.

Taking matters into their own hands, many designers have hired private investigators to purchase fake goods and track down their sources, giving a whole new meaning to the term “mystery shopper”.  If you’re going to sell fake designer purses at your purse party, you better think twice.

There are plenty of people that host a purse party and have no problem risking their and their friends livelihood and reputations selling knock-off (fake) designer products, but eventually they will get caught (and possibly convicted). When you host a purse party cheating your customers with poorly constructed merchandise with no guarantee, it doesn’t take long for the word to get out. Word of mouth is still the best or worst advertisement.

So, now you know to start off with legitimate, well-manufactured products with a guarantee. The Fabulous Collection can provide you with that product and more. We can show you how to plan and host fabulous purse parties that are fun to do, exciting to be a part of and profitable for you and your hostess.

How you ask? Let’s get started and I’ll show you the ropes. My name is Deborah Allison and I sold over $100,000 worth of legitimate purses in one year through purse parties. And, my business is still growing.

If you want to work hard and put enough energy into your purse party business, you can accomplish your financial goals as well as have a rewarding career working from home and setting own hours.

Whether it’s:

l  a extra couple of hundred a month to help your budget

l  saving for a new car

l  supporting your elderly parents

l  going back to school

l  enough to live comfortably

l  staying at home with the kids

The goal is yours to make. My job is to show you how to achieve it doing something everyone enjoys, going to parties with the added bonus of making money or discounts when you host a purse party. Have you noticed that there are no claims of mansions, luxury cars or claims you’ll be rich beyond your wildest dreams. That’s because I want you to start out by making your goals realistic and easy to obtain at first. That way you’ll be more likely to stick with it.

Let’s book your first party as the hostess, and then if you decide if you want to become a consultant and help others host a purse party of their own. The more purse parties, the more income and the closer you’re to your fulfilling your goals.

Here’s the eBook I wrote about How to Host a Fabulous Purse Party if you want to read more.

No matter what the economy women will still go to purse parties for a great deal on a new purse. The tougher the economy gets, the more people will want ways to make that same skirt and blouse look different. A new purse and the right accessories can take the same outfit from daytime and spice it up for an evening out, from business-like to fun and whimsical, or blah to fabulous.

Women will always be looking for not only a bargain, but also something that will last and wear well. You can be confident you’re receiving a durable, well made product when purchasing from The Fabulous Collection. Plus the purse parties are fun and a great reason to get together with your friends.

By using The Fabulous Collection your friend’s won’t be embarrassed when their girlfriend tells them the purse she bought at the purse party they hosted fell apart after two months or stained her clothes when it got wet. Your friend can also be assured that Fabulous Collection purse parties only provide merchandise is purchased from reputable dealers and is fully guaranteed.

Both in the U.S.A. and Canada, copyright laws are present to safeguard from illegitimate designer purse parties. Quite simply, when you have a product, idea or invention, you may get it protected and nobody else may “steal” it from an individual. This information is an illustration. You might have noticed copyright info on the videos you’re renting which state it cannot be copied without having authorization, etc. It’s exactly the same thing. Simply, Intellectual property may be protected within the law both in the U.S.A and Canada currently.

As explained within the eBook Purse Party Profits, designers in no way sell to purse party companies. You will find extremely strict guidelines put down by designers to be able to buy designer purses at wholesale prices. When you find yourself at a designer purse party I will guarantee a person that they’re fake or even stolen.

Precisely what is Intellectual Property?

Intellectual Property (I.P.) happens to be an “idea” that is later on developed in to a product. Intellectual property identifies the creations from the mind which is split into two categories – Industrial property and Copyrights. Innovative products for example books, movies, pieces of art and music are types of intellectual property which may be copyrighted and therefore protected within the law. Louis Vinton’s patterns are believed to be art work just like a Picasso or a Rembrandt. Therefore those patterns are an illustration of this an I.P.

However, in actual fact height and width of the actual bag, the number of pockets or handles it has – things such as that – usually are not protected.  Which is exactly why there’s a lot of “designer inspired” designs in the reasonably priced market.

The department of intellectual property called industrial property pertains to the specific visual design of items, i.e., the actual creation of the shape, construction or structure of the design, or a 2 or 3 perspective designs utilized to make the item. This safeguards the “blueprint”. Under Canada Law, industrial property may be patented for 10 years of protection prior to somebody may duplicate your style.

In the U.S.A., industrial design patents last 14 years from the date of the grant.  However at this time, designers’ designs usually are not easily incorporated inside this law. It’s more for that “how to build a better mousetrap” kind of blueprint.

That does not appear to be fair, does it? When a designer works hard on the latest handbag being released as part of his or her summer season fashion collection, why can’t that be protected just like a new lawnmower or a new method of producing bricks? Maybe it is because trends appear to come and go, return in style as retro and so on. Fashion is really an unclear area that many legislators want to get clarified.

Despite the fact that designers do not yet come under this category, the techniques they’ll use to create the item may be protected by law.  In other words, lets say that Prada developed a particular device which did a whole new, never seen before stitch.  That device may be copyrighted therefore no other device can create the very same stitch.  However, if someone else comes and copies that stitch, but does not claim it is the stitch, that’s okay.

Thomas Burberry, the creator of the British Design House of Burberry, really created the brand new method in order to waterproof natural leather. It was copyrighted and protected within the law. Exactly how he did this has been his secret as well as it made his items much more valuable. “Patent Leather” is actually one more example as the name says.

It had been left in the possession of the new government under President Barrack Obama, whose University of Chicago consultants possess a historical reputation of opposition to the expansion of intellectual property protection. Why? These people fear it may affect free enterprise and trade into the U.S.A. as well as impact jobs. According to posts on the website Counterfeit Chic, who daily screen the world of fashion industry, this is a challenging problem. There is great discussion on both sides of the problem.

Trade mark and trade dress laws prevent the layout connected together with a company’s logo design finish up becoming duplicated. So it’s copyrighted. That is the reason why an individual observes the little ® in a circle following a brand like Coca Cola or Pepsi. The typeface layout and script they utilize with regard to their particular identity is registered trade mark.  This might finish up becoming registered as a trade mark due to the fact the precise design will be in fact regarded as art and falls below the I.P. laws.  An added way for a designer to have protection can be by means of their logo.  That’s a trade mark ™ and it can be copyrighted ©. Consequently, it is against the law to duplicate that logo or unique mark and declare it is the actual original logo. Chanel’s well-known two “C”s which mirror each other and overlap is actually an example. Every person that sees it thinks – “That’s a Chanel”.

There is absolutely no such thing as designer purse parties therefore if you get invited to one please say absolutely no thank you. They are against the law and you might lose cash however even worse it’s possible you’ll also lose your freedom as well.