With our current economy worse than it's been since the Great Depression, it's harder these days for the common American to effortlessly afford/purchase the luxuries that the fashion industry boasts. Because of this, more and more consumers are turning to counterfeit merchandise and the likes of the Black Market- the designer look without the designer price. The risks accompanying partaking in the counterfeit business may very well outweigh the outcome of a false sense of entitlement. It's arguable that, in the USA, the fashion industry maintains a more laid-back stance towards intellectual property rights. As fashion icon Coco Chanel once said, "imitation is the highest form or flattery." Also arguable is that the counterfeit business is simply imitation, a mere form of flattery.
Affordable luxury in this economic day and age is few and far between, so the counterfeiting business is a hugely successful industry. A current debate taking place in the USA suggests that the fashion industry maintains a more laid-back stance towards intellectual property rights opposed to other industries. A fashion design patent is based upon certain standards which makes it a difficult for a designer to protect their creations. To be patentable the design must be new. However, fashions are based upon previous work and inspiration. Patents are also costly and timely and therefore ineffective when not protecting a new technology in the clothing. Under US Code chapter 25 Counterfeiting and Forgery, section 472 states, "Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both". Why is there still counterfeiting? Counterfeited goods give opportunity, or pathway to earn extra profit, as counterfeited goods are sold at the fraction of the price. Moreover, as production overseas continues in countries like China, India and other underdeveloped countries, there's a greater opportunity to commit fraud in the manufacturing segment of production. Undermining Intellectual Property, and the ability to call something your own.
Sources
- "US Code." Findlaw. N.p., n.d. Web. 2 Oct. 2014. < http://codes.lp.findlaw.com/uscode/18/I/25>.
- "Louis Vuitton." FIT Library. N.p., n.d. Web. 2 Oct. 2014. < http://libproxy.fitsuny.edu:2105/view/bazf/bazf00624.xml?q=Counterfeiting&isfuzzy=no>.
- Rustiala, Kal. "Why Knockoffs Can Help Build a Strong Brand." Freakonomics RSS. N.p., 5 Sept. 2012. Web. 2 Oct. 2014. < http://freakonomics.com/2012/09/05/why-knockoffs-can-help-a-strong-brand/>.
- ""Title"." FIT Library. N.p., n.d. Web. 2 Oct. 2014. < http://libproxy.fitsuny.edu:2200/ps/retrieve.do?sgHitCountType=None&sort=DA-SORT&inPS=true&prodId=GPS&userGroupName=fitsuny&tabID=T003&searchId=R1&resultListType=RESULT_LIST&contentSegment=&searchType=BasicSearchForm¤tPosition=1&contentSet=GALE%7CA381283956&&docId=GALE%7CA381283956&docType=GALE&role=AONE>.
- ""Title"." FIT Library. N.p., n.d. Web. 2 Oct. 2014. < http://libproxy.fitsuny.edu:2200/ps/retrieve.do?sgHitCountType=None&sort=DA-SORT&inPS=true&prodId=GPS&userGroupName=fitsuny&tabID=T003&searchId=R3&resultListType=RESULT_LIST&contentSegment=&searchType=BasicSearchForm¤tPosition=4&contentSet=GALE%7CA346724203&&docId=GALE%7CA346724203&docType=GALE&role=AONE>.
- "The Science of Happy | Personal Blog & Positivity Movement: Fake Fashion | The Cost of Counterfeiting." The Science of Happy | Personal Blog & Positivity Movement: Fake Fashion | The Cost of Counterfeiting. N.p., n.d. Web. 2 Oct. 2014. < http://thescienceofhappy.blogspot.com/2013/03/fake-fashion-cost-of-counterfeiting.html?m=1>.
- "Fashion Design and Imitation: Flattery or Theft?." Solicitors: Nottingham, Leicester and Derby UK. N.p., n.d. Web. 2 Oct. 2014. < http://www.nelsonslaw.co.uk/site/news/blogs/ip_blog/fashiondesignsnv.html>.
- "Counterfeiting." Trademark Review. N.p., n.d. Web. 2 Oct. 2014. < http://www.worldtrademarkreview.com/Intelligence/Anti-Counterfeiting/2013/Industry-insight/Anti-counterfeiting-in-the-fashion-and-luxury-sectors-trends-and-strategies>.
- "Counterfeiting in the Fashion Industry." Fashion Business Intelligence. N.p., n.d. Web. 2 Oct. 2014. < http://fashionbi.com/newspaper/counterfeiting-in-the-fashion-industry>.
- Adler, David. "Protecting Brands and Designs." Academic OneFile. N.p., n.d. Web. 2 Oct. 2014. < http://go.galegroup.com/ps/i.doid=GALE%7CA329901494&v=2.1&u=fitsuny&it=r&p=AONE&sw=w&asid=64ec256ec56ce7f50e23cfd39db46c60>.
- Craik, Laura. "Catwalk Copycats Killing Couture." General OneFile. N.p., n.d. Web. 2 Oct. 2014. < http://go.galegroup.com/ps/i.doid=GALE%7CA112177168&v=2.1&u=fitsuny&it=r&p=ITOF&sw=w&asid=7bd40faf0998597b6681cd86865fe66a>.
- Beebe, Barton. "Intellectual Property Law and the Sumptuary Code." Academic OneFile. N.p., n.d. Web. 2 Oct. 2014. < http://go.galegroup.com/ps/i.doid=GALE%7CA219146627&v=2.1&u=fitsuny&it=r&p=AONE&sw=w&asid=aa8479e9f1d50f56e97379cefb6ed4a3>.
- "The Devil Wears Trademark: How the Fashion Industry Has Expanded Trademark Doctrine to its Detriment." Gale PowerSearch. Harvard Law Review, n.d. Web. 2 Oct. 2014. < http://go.galegroup.com/ps/i.doid=GALE%7CA358700685&v=2.1&u=fitsuny&it=r&p=GPS&sw=w&asid=38c5d7dc98e281469ccdd3a7ab909dba>.
Neutral point-of-view: 4/5 The first paragraph at the top sounds a little bit biased so maybe try to make it sound a little less persuasive.
Organization: 4/5
References: 4/5 You have the references, just cite them in the paragraphs you've written.
Clarity:3/5
Grammar and spelling: 5/5 VSummer ( talk) 10:19, 24 November 2014 (UTC)
With our current economy worse than it's been since the Great Depression, it's harder these days for the common American to effortlessly afford/purchase the luxuries that the fashion industry boasts. Because of this, more and more consumers are turning to counterfeit merchandise and the likes of the Black Market- the designer look without the designer price. The risks accompanying partaking in the counterfeit business may very well outweigh the outcome of a false sense of entitlement. It's arguable that, in the USA, the fashion industry maintains a more laid-back stance towards intellectual property rights. As fashion icon Coco Chanel once said, "imitation is the highest form or flattery." Also arguable is that the counterfeit business is simply imitation, a mere form of flattery.
Affordable luxury in this economic day and age is few and far between, so the counterfeiting business is a hugely successful industry. A current debate taking place in the USA suggests that the fashion industry maintains a more laid-back stance towards intellectual property rights opposed to other industries. A fashion design patent is based upon certain standards which makes it a difficult for a designer to protect their creations. To be patentable the design must be new. However, fashions are based upon previous work and inspiration. Patents are also costly and timely and therefore ineffective when not protecting a new technology in the clothing. Under US Code chapter 25 Counterfeiting and Forgery, section 472 states, "Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both". Why is there still counterfeiting? Counterfeited goods give opportunity, or pathway to earn extra profit, as counterfeited goods are sold at the fraction of the price. Moreover, as production overseas continues in countries like China, India and other underdeveloped countries, there's a greater opportunity to commit fraud in the manufacturing segment of production. Undermining Intellectual Property, and the ability to call something your own.
Sources
- "US Code." Findlaw. N.p., n.d. Web. 2 Oct. 2014. < http://codes.lp.findlaw.com/uscode/18/I/25>.
- "Louis Vuitton." FIT Library. N.p., n.d. Web. 2 Oct. 2014. < http://libproxy.fitsuny.edu:2105/view/bazf/bazf00624.xml?q=Counterfeiting&isfuzzy=no>.
- Rustiala, Kal. "Why Knockoffs Can Help Build a Strong Brand." Freakonomics RSS. N.p., 5 Sept. 2012. Web. 2 Oct. 2014. < http://freakonomics.com/2012/09/05/why-knockoffs-can-help-a-strong-brand/>.
- ""Title"." FIT Library. N.p., n.d. Web. 2 Oct. 2014. < http://libproxy.fitsuny.edu:2200/ps/retrieve.do?sgHitCountType=None&sort=DA-SORT&inPS=true&prodId=GPS&userGroupName=fitsuny&tabID=T003&searchId=R1&resultListType=RESULT_LIST&contentSegment=&searchType=BasicSearchForm¤tPosition=1&contentSet=GALE%7CA381283956&&docId=GALE%7CA381283956&docType=GALE&role=AONE>.
- ""Title"." FIT Library. N.p., n.d. Web. 2 Oct. 2014. < http://libproxy.fitsuny.edu:2200/ps/retrieve.do?sgHitCountType=None&sort=DA-SORT&inPS=true&prodId=GPS&userGroupName=fitsuny&tabID=T003&searchId=R3&resultListType=RESULT_LIST&contentSegment=&searchType=BasicSearchForm¤tPosition=4&contentSet=GALE%7CA346724203&&docId=GALE%7CA346724203&docType=GALE&role=AONE>.
- "The Science of Happy | Personal Blog & Positivity Movement: Fake Fashion | The Cost of Counterfeiting." The Science of Happy | Personal Blog & Positivity Movement: Fake Fashion | The Cost of Counterfeiting. N.p., n.d. Web. 2 Oct. 2014. < http://thescienceofhappy.blogspot.com/2013/03/fake-fashion-cost-of-counterfeiting.html?m=1>.
- "Fashion Design and Imitation: Flattery or Theft?." Solicitors: Nottingham, Leicester and Derby UK. N.p., n.d. Web. 2 Oct. 2014. < http://www.nelsonslaw.co.uk/site/news/blogs/ip_blog/fashiondesignsnv.html>.
- "Counterfeiting." Trademark Review. N.p., n.d. Web. 2 Oct. 2014. < http://www.worldtrademarkreview.com/Intelligence/Anti-Counterfeiting/2013/Industry-insight/Anti-counterfeiting-in-the-fashion-and-luxury-sectors-trends-and-strategies>.
- "Counterfeiting in the Fashion Industry." Fashion Business Intelligence. N.p., n.d. Web. 2 Oct. 2014. < http://fashionbi.com/newspaper/counterfeiting-in-the-fashion-industry>.
- Adler, David. "Protecting Brands and Designs." Academic OneFile. N.p., n.d. Web. 2 Oct. 2014. < http://go.galegroup.com/ps/i.doid=GALE%7CA329901494&v=2.1&u=fitsuny&it=r&p=AONE&sw=w&asid=64ec256ec56ce7f50e23cfd39db46c60>.
- Craik, Laura. "Catwalk Copycats Killing Couture." General OneFile. N.p., n.d. Web. 2 Oct. 2014. < http://go.galegroup.com/ps/i.doid=GALE%7CA112177168&v=2.1&u=fitsuny&it=r&p=ITOF&sw=w&asid=7bd40faf0998597b6681cd86865fe66a>.
- Beebe, Barton. "Intellectual Property Law and the Sumptuary Code." Academic OneFile. N.p., n.d. Web. 2 Oct. 2014. < http://go.galegroup.com/ps/i.doid=GALE%7CA219146627&v=2.1&u=fitsuny&it=r&p=AONE&sw=w&asid=aa8479e9f1d50f56e97379cefb6ed4a3>.
- "The Devil Wears Trademark: How the Fashion Industry Has Expanded Trademark Doctrine to its Detriment." Gale PowerSearch. Harvard Law Review, n.d. Web. 2 Oct. 2014. < http://go.galegroup.com/ps/i.doid=GALE%7CA358700685&v=2.1&u=fitsuny&it=r&p=GPS&sw=w&asid=38c5d7dc98e281469ccdd3a7ab909dba>.
Neutral point-of-view: 4/5 The first paragraph at the top sounds a little bit biased so maybe try to make it sound a little less persuasive.
Organization: 4/5
References: 4/5 You have the references, just cite them in the paragraphs you've written.
Clarity:3/5
Grammar and spelling: 5/5 VSummer ( talk) 10:19, 24 November 2014 (UTC)