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.