Why You Shouldn't Buy Fakes

 


       

 

 

This is a question I get all the time. "What's so wrong with fakes anyway?" People also jokingly (and some not so jokingly) accuse me of being a "snob" because I won't carry a counterfeit handbag. "I can't afford the real thing" they say, so what's the difference?

Look, it's not about being a snob. If you think all of my handbags are designer, or that ANY of my clothes are designer, you've got another think coming. I do not buy fakes because of three things: 1) I believe that intellectual property law (copyrights, patents, trademarks) is very important; 2) the vast majority of fakes are of a VERY poor quality; you can get a better bag at Payless or Wally World most of the time; 3) most importantly and shockingly, the sale of counterfeits has been linked to international crime rings and terrorism. Think I'm kidding? Well, here's some information for you skeptics out there.

Here's a great summary from the National Association of Retail and Thrift Shops - "The Facts on Fakes":
 Click Here

CLICK HERE to read the testimony of David C. Quam, General Counsel to the International Anti-Counterfeiting Coalition before the U.S. Sentencing Commission in 2000. This testimony was given in support of changes to the sentencing guidelines for the sale of counterfeits.

CLICK HERE to read the statement of Richard K. Willard, General Counsel for Gillette, before the U.S. Senate Committee on the Judiciary. His testimony uncovers the danger to public safety that some counterfeit products can cause. Here is an excerpt:

In addition to aiding those who would intentionally harm us, counterfeiting leads directly to human suffering and death. Every day, thousands of sick people take counterfeit drugs that do nothing for them or, worse, hurt them. In the United States, there are dozens of recent cases involving everything from fake Viagra to phony meningitis vaccine. In China, the government-owned Shenzen Evening News estimates that 192,000 Chinese died in 2001 as a result of taking fake drugs. In a documented case in Nigeria, 100 children died after ingesting antifreeze that had been sold as a popular cough syrup.

We also know that fake automotive and aerospace parts are causing accidents with inevitable tragic consequences. In particular, the FAA has estimated that 2% of all replacement parts used on commercial airliners are fake, putting passengers at risk.

This article was written by the International AntiCounterfeiting Coalition (IACC). Click Here.

This short article provides some facts on the link between counterfeit goods, organized crime, and violent crime. For example: The notoriously violent Vietnamese gang Born to Kill (BTK) reportedly employ extortion and murder as a sales tool to entice merchants in New York's China Town to sell BTK-made counterfeit Rolex and Cartier watches. Convicted for murder, the former leader of BTK said in an interview with CBS's 48-Hours that he made up to $13 million from the sale of fake designer watches.

This article was written by a great organization called FraudAid.
Click Here

It provides information on the link between the sale of counterfeits and international crime rings, including Al-Qaeda. Here is an exerpt from the article: Extensive enquiries by Carratu International [a leading investigator of intellectual property crimes] have unearthed links between counterfeiting and Al-Qaeda, Hizbollah, the IRA, ETA, the Mafia, Chinese Triad gangs, the Japanese Yakuza crime syndicate, the Russian Mafia and drug cartels. Indeed, the recovery of Al-Qaeda training manuals had shown that the organization recommends the sale of counterfeit products to raise funds.

In February, 2002, the International Trademark Association submitted this statement to Congress.
Click Here

This article covers not only the links between counterfeits and terrorism, but also covers the economic impact of the sale of counterfeits in the United States. For example: Some people think of trademark counterfeiting as a ?victimless crime? and that copying remains the highest form of flattery. This notion is meritless . . . The European Commission estimates that between 1988 and 1998, the United States lost 120,000 jobs due to counterfeiting and piracy. A total of 100,000 jobs in the European Community were lost during the same period.

This is just some of the evidence suggesting that unsuspecting tourist dollars are funding lord knows what. The last time I visited NYC there were countless nice looking ladies browsing the fakes on Canal St., probably completely unaware that their money was about to indirectly fund an international crime ring. If you think I'm being alarmist, again, I refer you to the articles linked above. The sale of counterfeits is NOT a great, cheap alternative for those who can't afford the real thing. It is a legitimate SEEMING way for criminals to fund their "business."

This link will take you to the text of the Anti-Counterfeiting Consumer Protection Act of 1996. You need Adobe Acrobat to read this. You may also find it at PL 104-153. This legislation contains some of the best reasons why you shouldn't buy fakes in the second paragraph:

"SEC. 2. FINDINGS.

The counterfeiting of trademarked and copyrighted merchandise--
(1) has been connected with organized crime;
(2) deprives legitimate trademark and copyright owners of substantial revenues and consumer goodwill;
(3) poses health and safety threats to United States consumers;
(4) eliminates United States jobs; and
(5) is a multibillion-dollar drain on the United States economy."

PURSE PARTIES: Don't for a second be fooled into thinking that companies such as Louis Vuitton, Kate Spade and Prada distribute purses through those oh-so-cute purse parties. The ladies selling those counterfeits at purse parties are committing crimes. The Philadelphia Inquirer published an excellent article on purse parties, which you may read here.

Notably, the Philadelphia Inquirer reports: So, what's the harm? "They're just purses," the Main Line woman said. "It's not like these women are selling drugs." But law enforcement officials say there is a darker side. Though it may be hard to muster sympathy for multimillion-dollar companies that lose a slice of profit to counterfeiters, officials say the ersatz economy can be tied to organized crime, sweatshop labor and even terrorism. The range of fake products goes far beyond purses and can include computer software, electronics, toner cartridges, CDs, DVDs, baby formula, cigarettes, food, liquor, cosmetics, prescription drugs, and auto and airplane parts. The immensely lucrative activity - accounting for 5 percent to 7 percent of world trade, according to the International Chamber of Commerce - also siphons jobs from the U.S. workforce and drains tax revenue."

Here's a post by someone called "notonyourlife" from a message board; three cheers for Kate Spade's General Counsel Barbara Kolsun!

27. "Knock Offs"
Posted by NotOnYourLife on 17:21:18 9/19/2003

Oh what fun to sell a knock off. The excitement, the cheap thrill, UNTIL someone that apparently does not feel the same way contacts Barbara Kolsun, GC, at Kate Spade LLC and you get a cease and desist letter with the offer to have the feds come knocking on your door. We sold a few KS for a friend. And we got nailed. If you think that it's just an isolated incident, do a Google search on the above woman. And read the story from Aug 31 in the Philadelphia Inquirer. Not everyone will get caught, but I suggest you resist putting yourself out there on the internet. If I could find you, Ms. Kolsun is ready to bury you.

And on November 6, 2003, the program "Inside Edition" ran an excellent piece on purse parties, and featured our hero Barbara Kolsun. You can read about the program here. "Kolsun also tells Inside Edition she has made shutting down illegal purse parties her number one priority. 'Every week we have two criminal actions going on against purse parties.'"

Still not convinced? How about the quality issue? The untrained eye might not be able to tell the difference between a fake bag and a real one, but the fake bag will fall apart in three weeks. Here are some close-up photographs of a fake denim Kate Spade bag, and an authentic red nylon Kate Spade bag, so you can see the subtle quality differences.

 

These photos were taken of the top edge of each bag. On the real bag, the lining and outside are tightly sewn together. On the fake bag, I can push the lining back at the top because the stitching is crooked.

 

These photos show the place where the strap is attached. On the real bag, there is no gap between the bag and the strap. It is sewn in tightly. On the fake bag, the stitching is uneven and you can push the fabric back from the strap.

 

The authentic bag has a metal YKK zipper. The fake bag has a cheap plastic zipper.

 

Here's a place where you can really see a difference - the corner. Look at how perfectly fitted the pieces of the authentic bag are. The fake, on the other hand, has rolled down fabric that isn't even finished at the seam.

 

These pictures show the flap closure. On the authentic bag, you can't see the lining peeking out from underneath it. All of the pieces are the exact same size and sewn together perfectly. Look at how you can see the gingham lining sticking out under the flap on the fake bag. The gingham piece under the flap is about 1/4" larger! Yikes!

 

Look at the difference in the liner. On the authentic bag, although the liner is not attached at the bottom (so you can pull it out and clean it) it fits the inside of the bag perfectly. The lining of the fake bag is ill fitting. They took a much too large piece of fabric and stuck it in there. Look at how it gaps out, even though it is pushed all the way down!

Except for the fact that Kate Spade has never made a denim Sam, this would be a "good fake" meaning that the lettering on the logo is not OBVIOUSLY fake. But you know how you can tell that this is a fake label? It's not centered! Look how far to the left the lettering is!

Bottom line? Fakes are NOT WORTH YOUR MONEY!!

Finally, there is the issue of fakes on eBay. Why am I so angry about fakes on eBay, more so than about fakes in general? It's because, generally speaking, when people buy fakes on Canal St. they usually KNOW they're getting fakes. On the other hand, on eBay, the vast majority of people who buy designer merchandise believe they're getting the real thing. It is completely against eBay policy (as it should be) to sell counterfeits, EVEN IF YOU DISCLOSE IN THE LISTING that the item is fake. Click here to read eBay's policy.

Do not list counterfeits, unauthorized replicas, or otherwise unauthorized items (such as counterfeit watches, handbags, or other accessories) on eBay.

I took an informal poll several months ago on eBay's Clothing & Accessories message board. One of the questions I asked was whether people believed when they first started out on eBay that all of the designer items were authentic, or that eBay policed the listings. Almost every single one of the 50 or so people who answered the survey said that, YES, they DID believe that eBay policed the listings! People honestly believe that eBay will, of its own accord, pull an item if it's counterfeit. They do not understand that eBay is a venue. They also do not understand eBay's VERO program. To read more about the VERO program, click here. People are not bidding these bags up, knowing that they're fake, just because they're "cute." Bidders on eBay are generally CLUELESS about the plethora of fake items on eBay. Hence, my anger. Hence, this website.

Thank you very much for taking the time to read this.

Cheers, ECF