In New York City tourists travel to China Town in search of name brand replicas, but the Internet is bringing replica buying to the home. Internet sites such as eBay and Faux Fashions are selling knock-off Prada, Louis Vuitton and Kate Spade purses as well as many more top of the line accessories to online consumers despite the illegality of the business.
“Replica,” “duplicate,” “knock-off” and “counterfeit” are all words to describe cheap products that look exactly like expensive, brand name merchandise. Sometimes a replica is easy to spot, but when buying online, consumers can be fooled.
Marie Chifici, a mass communication senior, learned that although the sellers on eBay claim their products are originals, there is no guarantee buyers are purchasing the real thing.
“I wanted the Kate Spade sand bag with cherries, so I went to eBay,” said Chifici. “I knew it had to be fake since I only paid $40 for it, but this was crappy.”
The purse she received had a glued on Kate Spade label with threads hanging off.
In the picture she was shown on eBay the purse had a satin finish, but the handbag she received was made of a denim material.
Unhappy with her purchase, Chifici turned around and resold the purse on eBay.
Chifici learned an important lesson from her experience. “Ask buyers questions before you buy and look at the starting price,” Chifici said. “If the price is low then you are buying a knock-off.”
Web sites such as Fauxfashions.net admittedly sell knock-off purses. The site’s disclaimer at the bottom of the homepage says, “All of our bags, wallets, hats, scarves, belts, etc. are replicas and are not being sold as real brand names listed.”
Media law professor Emily Erickson said the Web site protects itself from trademark infringement by admitting in the disclaimer that the items for sale are replicas.
Although Internet sites sell knock-offs, these products are illegal.
The U.S. Government Anti-Counterfeiting Statute says that the intentional trafficking or attempts to traffic goods using counterfeit marks can be fined up to $250,000. The accused can serve up to five years in prison.
The statute criminalizes selling knock-off goods, but buying the goods is not a crime. And women are gathering at homes in order to purchase knock-offs.
The newest trend in counterfeit fashion trade is “purse parties.” These parties are similar to Tupperware parties, but instead of buying containers women purchase replica purses and accessories.
A replica sales associate sets up tables at the hostess’ house so invitees can gather to purchase the goods.
North Carolina native Kathy Baxter turned herself in last month after police were tipped off about her purse parties, according to an article in The Herald.
Baxter, 44, was caught with 118 counterfeit items she intended to sell at a purse party.
In the article Baxter claimed she was unaware selling replicas was illegal, because she bought the merchandise at a flea market.
The Internet hosts Web sites that refer replica shoppers to contacts for hosting these illegal purse parties. Creativefashions.com and Fauxfashion.net both provide products and advice for throwing purse parties. Web sites advise to invite at least ten people and provide refreshments.
Erickson said that the readily accessible trafficking is because the Internet makes it easy to infringe.
“When it comes to intellectual property the law is one thing, enforcement is another. It takes a lot power to sue Internet companies,” she said.