Tuesday, June 25, 2013

I Spy a Counterfeit Kenneth Cole Reaction Wallet

As I was shopping for a new crossover bag at Sam Moon, the jewelry, purse, and accessory mega store, I came across a counterfeit "Kenneth Cole Reaction Tri Me a River" Wallet in blue and green.

Sam Moon does not carry named brand designer bags. It is simply a fashionable store to find great trendy items for less. So I was SHOCKED when I saw the KC counterfeit wallets neatly HIDDEN in the corner for $5 and $8!!! Now unless you are shopping at the Kenneth Cole discount store in Nowhere, USA (because it does not exist), you will not find them anywhere for less than $34.99 and that includes third party retailers like Silver Hook, Inc. Click the link for the real wallet and see the pictures below for the counterfeit.



$4.99 and $7.99 KC Wallets from recent seasons? "Where they do that at?" Maybe a garage sale.

The wallets with the severely discounted price are counterfeit and therefore illegal because they not only almost identically resemble the real KC Reaction wallet; but they use the KC Reaction symbol on the purse to further pass the wallet off as the real deal. Further, when a fake purse uses the same symbols and label names to decorate the real item, it infringes upon the federal trademark, as done here with the wallet shown above.  Ultimately, a counterfeit is made to pass as the original item.

Fashion Legallaire's Tip: A Knock-off, on the other hand, is an inspired design. It does not try to pass as the original item (by using same labels names as a counterfeit) and therefore is legal in the U.S.

      ** For more information on the difference between a knock off and counterfeit, visit A Preponderance of Fashion, another awesome fashion law blog.


SO HOW TO KNOW IF YOUR WALLET IS REAL?

1. Check out the Price Point. At Sam Moon, even the non named brand wallets cost more than the counterfeit KC wallets. A definite eyebrow raiser and alarm for counterfeit.
2. Meticulously look at the design. All the real KC Reaction Tri Me a River snake skin fade colors start with the same colors from left to right while the counterfeit wallets did not match.
3. Meticulously look at the label names. Is it spelled correctly, same size, and same location?


Definitely do not support counterfeit items. It is flat out stealing and at the end of the day, you paid for a fake version. Yes shopping for designer luxury can be expensive and when you want to ball out on a budget, it is very hard to find great deals but FIGHT THE TEMPTATION. You can always save up for the real deal. :)

By the way, in 2010 Coach sued Sam Moon for selling look a like handbags. Check out the trademark infringement complaint here. More news to come on the standing up this case.


Thursday, June 20, 2013

New York Passes Fashion Model Law

Take a look at a comprehensive analysis by my colleague Uduak Oduok, Esq. at her fashion and entertainment blog.

Dolce and Gabbana Sentenced to Jail for Tax Evasion

Yes, you have read correctly. Ok we were first surprised by the news too; but then again, tax evasion seems to be a pretty common thing for many celebrities. Lauryn Hill last month, and this month Domenico Dolce and Stefano Gabanna, better known as the fashion duo behind high fashion line D&G.

www.annexman.com
According to British Broadcasting Company (BBC), the two have been sentenced to jail in Italy for one year and eight months for hiding millions of euros from Italian tax authorities.

But does the time fit the crime? BBC reports that investigations began six years ago. Later on in 2004, the designers moved their brand to Luxembourg under the name Gado. The Judge says that the move was to avoid declaring taxes on royalties around 1 billion euros ($1.3 bn). Lastly, D&G sold their business for well below actual market value.

The two men were not at trial, but subsequentially denied the charges and appealed- though no public statements have been given.

Fashion Legallaire's Thoughts: with a fashion institution this big, D&G can afford the attorneys needed for this law suit. Also, tax evasion is a civil crime so no criminal attorneys needed. However, since their attorneys are considered fashion lawyers, this is a very good example of a fashion lawyer putting on multiple hats as counsel and advocating as necessary. Yes, the primary job may be fashion, but when other issues arise, it is up to the fashion lawyer to give the best counsel.



Kardashian Sisters Lose the "Khroma" Fight for their Beauty Line

As Women's Wear Daily reports, the Kardashian sister's  lost its fight to sell its beauty brand under the name "Khrome." Read the original story about the lawsuit here.

Boldface, the Kardashian's beauty licensor, stated that the sisters are looking forward and see thsi decision as a postive move forward. Further, it is confident that the fans are more interested in the Kardashian sisters' commitment to cosmetics than about the name of the line.

Courtesy Photo
The line is set to hit stores this month.