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How Knockoffs are Ruining the Fashion Industry: A Look at Major Cases and the Culture Involving Trademark Infringement

By: Sierra Osowski

What do you do when you want to buy a designer jacket that costs an entire month’s salary but a cheaper version of the same design exists elsewhere? This is a problem many struggle with when searching for that perfect pair of shoes or that dress just seen on the red carpet. Knockoffs are everywhere, but they are creating a problem for brands that trademarked their designs to ensure other companies cannot sell those designs, or something similar. However, trademarking does not always stop cheaper brands and companies from attempting to profit from another’s high-dollar design. 

Asking whether a “G” logo shirt is a real Gucci product or fake, or maybe whether some red-bottomed heels are actually the signature red bottoms from Louboutin are common questions by regular people walking down the sidewalk. Brands creating products based off of these commonly-known references is a huge part of the fashion industry right now, and it appears it is not going anywhere.

While customers can gain less expensive alternatives to luxury clothing and accessories, the businesses who sell knockoffs are forced to face many problems, including legal, financial, and reputation troubles. Earning a quick buck is fun until these companies creating knockoffs find themselves in hot water with lawsuits and a loss of income, some going so far as to shutting down an entire company.

This research paper analyzes companies that create knockoff products in the fashion industry and discusses the legal repercussions for businesses that are sued for trademark infringement. In many ways, these businesses collapse and this paper explores their failed business ventures. These are failures that occurred due to trademark infringement and other violations of intellectual property rights of the companies selling the original products.

Visit bit.ly/4b1KtqU to read the full 30 page research paper.

This article was originally published in the WBAI 2023-2024 Year in Review Newsletter on page 17.