New York partner Heather McDonald, who specializes in intellectual property enforcement and anti-counterfeiting litigation, co-authored a chapter in the recently published book "Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys." (Fairchild Books, 2010).
The chapter, "Counterfeiting," was co-authored with Barbara Kolsun of Stuart Weitzman, LLC. According to McDonald and Kolsun: "Trademarks are the most valuable commodities in the fashion industry. Fashion companies rely on their trademarks so consumers can identify a particular brand's products easily, which in turn has a bearing upon whether the consumer elects to purchase the product. Since copyright protection for fashion designs is limited, fashion companies must rely on their trademarks in order to help distinguish their products from those of their imitators."
The authors continue: "Trademarks have the ability to stimulate consumer demand for products globally. This is particularly true given the advent of the Internet. Marks indicate that a particular product is associated with a certain reputation, and that, by buying another product with the same mark, consumers are purchasing items of the trademark owner's standard of quality. With the increased demand for certain trademarks, counterfeiters have realized the benefit of copying such IP. Counterfeit products can be created at a relatively low price and can be sold for great profits."
McDonald and Kolsun's chapter goes on to cover a myriad of topics in-depth, including:
The authors conclude: "Because counterfeiting is a crime, law enforcement officials are a trademark owner's best allies in the battle against counterfeiters. Routine busts can provide inroads into larger counterfeit organizations. Working together with corporations, in-house counsel, outside counsel, and lawmakers, trademark owners can successfully combat the counterfeiting problem evident today. Through lobbying, trade organizations (like the IACC and INTA), and the U.S. Chamber of Commerce, brand owners must continue to reach out to educate consumers about the dangers of counterfeit products. Consumers also must be aware that when they purchase counterfeit products, they are supporting deplorable factory conditions and financing organized crime operations. Very high costs come with getting a 'good deal' on a counterfeit article of clothing or accessory."