Genuine or not genuine?
Where you see Nike on the outside, is there really Nike on the inside? Perhaps the wearer of the hip
trainers does not care whether he is running to his evening date in originals or fakes. To the manufacturer
and the retailers who value quality, the unadulterated brand is the basis of their economic success.
Where you see Christian Audigier on the outside, is there really Christian Audigier on the inside? It may not
matter to the person wearing the elegant shirt and trousers (?) whether he is going to his evening date as a
fake or as the original...
Berlin law firm Karsten & Schubert, which specialises in fighting against brand piracy, knows about the complexities of the illegal scene – from the tightly organised distributor ring to the net recipient who is hoping to earn a few Euros on the side. Even those who wish to try their luck with illegal distribution must be prepared for hefty fines. "The Fashion Republic" speaks to solicitor Katja Schubert.
Which brands are most affected by imitations and why?
Modern, striking, hip, trendy and prestigious fashion. Especially the cool brands from "The Fashion Republic" such as Ed Hardy, Christian Audigier (CA), Paco Chicano, Nike and Hello Kitty. Naturally, these find buyers especially quickly.
How do the fakes differ from the originals?
Generally, the quality is poorer than that of the originals. For example, the fit is not as good or the pattern is only a cheap lamination and is not imprinted into the fabric. Often, the quality of the material itself is inferior; the shirt shrinks two sizes after the first wash. This is often the
downfall of a brand – there are enough examples to show this is the case.
Does the brand image also suffer?
Naturally, this is especially true for luxury labels. Customers who buy these brands in particular value their individuality. If someone is suddenly walking around in the same things, this is a great loss of value for the brand.
Where and how do the high costs for the original arise?
The outlay in terms of design and product development, but also advertising and PR make up a large portion of the price. A counterfeiter saves all these costs and can therefore sell the goods at a cheaper price. Christian Audigier
has gone to great efforts to build up his product with an image of richness and beauty and give those who wear his products a feeling of glamour and the knowledge that they are dressed like VIPs and therefore at the same level as the stars when it comes to style. An imitator simply steals this brand image.
I have bought a fake brand T-shirt – what should I do?
If it was sold as real, it has what is called a "material defect" and you are entitled to an exchange or a considerable reduction in the sales price. A retailer who consciously sells fakes and labels them as originals is also liable for defrauding customers, apart from the criminal liability because of trademark infringement.
Am I allowed to wear a faked T-shirt?
Yes. Private ownership is not punishable by law. The legal issues are always linked to trade in business commerce.
And what if I sell a faked T-shirt privately?
Trademark law only deals with commercial transactions, i.e. the sale of a good in order to earn money. However, it is not always simple to
differentiate between private and commercial retail. If you bring home ten T-shirts from a bazaar after your holidays to sell on ebay, that is already commercial. However, if you merely want to clear out your wardrobe because you no longer like your holiday T-shirts, you can also sell them privately. The quantity is often a helpful yardstick. Many ebay traders try to disguise the goods they offer as private, labelling new goods as "second hand"
