legal and illegal counterfeits

Did you know that in Paris and Italy one roaming the streets with a fake bag can get arrested and fined? For some of you, you might think that's crazy. But the truth is, counterfeit bags ARE a crime. They support human trafficking, child labor, drug cartels, in some cases terrorism, and much more. They mess up the economy because the tax revenues are not being circulated back to the designer and economy. So basically you're effing up the economy and screwing the fashion designer.

Well that shouldn't be new to you, since I blogged about it awhile ago. However, I never knew that fashion copycats cough cough Forever21 cough could get away with making knock offs in the USA.

According to Kal Raustiala and Chris Sprigman (Counterfeit experts and law professors)

American law does not protect most fashion designs. Copyright law views fashion designs not primarily as

artistic works, but rather as “useful articles,” and useful things are not granted copyright protection. This rule reflects the fact that useful things are supposed to be the domain of patent law. But clothing designs virtually never qualify for patent protection, because they are almost never “novel” – i.e., truly new – in the way patent law requires.

Ohh American fashion...