Featured – Fashion Law Journal https://fashionlawjournal.com Fashion Law and Industry Insights Sat, 31 Dec 2022 12:42:52 +0000 en-US hourly 1 https://wordpress.org/?v=6.8 https://fashionlawjournal.com/wp-content/uploads/2022/03/cropped-fashion-law-32x32.png Featured – Fashion Law Journal https://fashionlawjournal.com 32 32 Interview: How Dhirendra Singh is busting some of the Biggest Counterfeiting Syndicates? https://fashionlawjournal.com/interview-how-adv-dhirendra-singh-is-busting-some-of-the-biggest-counterfeiting-syndicates/ https://fashionlawjournal.com/interview-how-adv-dhirendra-singh-is-busting-some-of-the-biggest-counterfeiting-syndicates/#respond Fri, 17 Sep 2021 05:02:44 +0000 https://fashionlawjournal.com/?p=2475 Dhirendra Singh is an Advocate and Founder Director of Brand Protectors India Pvt Ltd.  From the forces to legal practice, corporate legal and ultimately finding his passion and sense of purpose in IP Rights risk mitigation and IP / Brand Enforcement, led him to create Brand Protectors India Pvt Ltd which has a pan India presence now. Mr. Singh has planned investigative strategies, Anti Counterfeit disruptive Enforcement action plans, led teams and busted some of the biggest counterfeiting organizations in India which includes Online Counterfeit rackets on B2C, B2B, eCommerce, and Social Media platforms, and counterfeit imports.

In a conversation with Apoorva Mehta, Executive Manager at Legal Desire, Mr. Singh talked about one of his most interesting cases along with some tips to mitigate counterfeiting risk factors and how to protect your intellectual property.

What inspired you to get into this field?

I was not inspired, rather back then, I was triggered into relooking, revisiting, and rethinking about my whole professional life by a single shattering and tragic event. A death. It is still as fresh in my mind, as it was ages ago.

Death and human loss, have the potential to unleash human potential and make us embark on a path, which gives us a deep sense of purpose. This is how my journey with IP Rights Protection and Enforcement started. I lost someone very dear, to counterfeit pharmaceuticals. I needed redress and answers, but none came. It also threw up a disturbing question in my mind, if this could happen with me in a big city, then what about the masses in smaller towns, who may be going through similar tragic life-shattering experiences.

My anguish, anger, pain, and that one disturbing question, led me to research IP rights, brands, enforcement against infringement, anti-counterfeiting and I found some law firms in India, involved with IP Protection and Anti-Counterfeiting work but majorly under the softer civil law. Then there was criminal law, with teeth, quick turnaround, to achieve lasting impact in disrupting and obliterating the IP / Brand infringing supply chains and the counterfeit trade. I quit everything and dived deep into the uncharted territory. From a small start, our teams have grown and now we have a pan India presence and I found my purpose.

How do the Anti-counterfeiting and Brand Enforcement raids take place?

Anti-Counterfeit raid actions are the result of our continuous and ongoing investigations – online and offline, market intelligence surveys, embedded in-house investigative human assets in counterfeit supply chains, resulting in a continuous collection of actionable intelligence about counterfeits. Actionable inputs from the foregoing exercise about counterfeits in a geographical territory, the scale of counterfeits of a brand, and the impact, deterrence, and disruption a raid would create in the counterfeit supply chains leads me to step into the shoes of a brand/client to take a decision, to either go ahead with a raid action or not.

The next step is to immediately coordinate with police authorities in real-time, with all the evidence collected against a counterfeiter or a supply chain and then align all the enforcement logistics and carry out the raids on the ground, resulting in seizure of counterfeits, arrests, and registration of criminal cases. Depending on the legal proposition involved in approximately ten percent of the cases, we opt for civil enforcement.

Tell us about your most interesting case?

Frankly, there are just too many of those. But in mid-2017, we were faced with a unique problem. Counterfeits on eCommerce platforms like Flipkart, Amazon, Snapdeal, and Shopclues are being sold for up to 70 % discounts. Honestly, all our client companies/brands and we were caught unaware and had to come with an effective response to this phenomenon of online fakes. We did not understand the online ecosystem, at that point of time, pretext purchases made online got us fake products but with invoices from online sellers which had fake addresses on them. The ecommerce platforms were not cooperative at all. Quick thinking and we became part of that ecosystem through decoy seller accounts on ecommerce platforms, to understand how the entire ecosystem works.

This led us to uncover the entire modus operandi of sellers, with full knowledge of Ecommerce platforms. Next, our investigators continuously tracked, the product/order pickup teams of ecommerce platforms, thereby mapping each online counterfeit seller location in different cities and back to the warehouses of the Ecommerce platforms.

All the data established this to be big, hence I took a decision to let the entire country know about this huge online racket and expose it and we carried out raids against sellers and warehouses of ecommerce platforms for counterfeits and CNN News18 aired the story live from ground zero as it unfolded. In multiple raid actions, dozens of online sellers were arrested along with Managers and Senior Managers from ecommerce platforms who were in charge of those sites/warehouses. This was followed by the live debates and shows, leading to the then Consumer Affairs Minister to come on camera and make a statement that The Consumer Protection Act shall be amended, which was later amended indeed to bring within its ambit Ecommerce platforms.

The links to the above CNN News18 breaking news stories uploaded on our YouTube channel are below:

https://youtu.be/grXwnNgyhSI

https://youtu.be/ilWA4ynKdY8

During raids, what kind of cooperation do you get from local Police and other investigative authorities?

Once we share the actionable inputs with all the legal documentation, then Police authorities promptly respond and assign a police team to accompany us to carry out the raids, wherein, the counterfeiters are arrested, FIRs are registered and counterfeits are seized. The cooperation and timely response of Police in India depends on the level of credibility and reputation, an IP / Brand Enforcement company has built for itself over the years.

I do hope that at some point DRI and GST Enforcement shall start looking proactively at counterfeit supply chains from a money-laundering perspective and GST theft perspective as mandated by PMLA and the GST Act/Rules.

In many instances, the police are wary and skeptical about taking action owing to lots of dubious brand protection agencies and law firms in our domain, who instead of taking the action through to its logical conclusion, as mandated by the law in our country, prefer to and are on the lookout for a settlement with the counterfeiters.

How can the counterfeit risk be mitigated?

Counterfeit risk is best mitigated by a proactive approach, starting with necessary registrations of the IP in question. Next is, for brands to have a zero-tolerance policy towards counterfeits.

(a) Sensitization and training of the sales force in each company, about brand protection and putting in place a system, wherein the salespeople on the ground send in sightings of counterfeits of their company’s brands in the markets in real-time with basic evidence.

(b) Customer awareness and having a dedicated helpline/platform, for customers to share real-time inputs. Making the customers, a part of this fight against counterfeits of respective brands.

(c) Having a credible IP / Brand enforcement program in place, which is outsourced to agencies and law firms with integrity. Integrity is key to the entire exercise, else it is pointless.

What are the precautions a brand holder must take in order to protect its IP?

I always say this to companies and brands. “Protect your reputation. Your good name is your most vital credential and once damaged can’t be easily repaired.”

Must take precautions, would include active monitoring of Brand Enforcement programs, the assessment of impact, market shifts and keeping a watch on the work being done by law firms and brand enforcement companies, to whom IP / Brand Enforcement work is outsourced, plug the gaps at the first instance. Trust but verify.

Lastly, never settle the cases, criminal or civil, against counterfeiters as it sends out the worst possible message to the counterfeit trade and goes on to encourage it. Counterfeiting is all about how the risk and reward equation pans out for a counterfeiter.

Considering the Pandemic, everything has gone digital. How do you handle online cases?

We were prepared and it was easy for us. With immense knowledge and insights, we had gathered in 2017, while working on online counterfeits on eCommerce platforms (B2C) we had put in place tools, SOPs, and methodologies for active tracking, monitoring, trigger, verifications, and actions against online counterfeits on the ground.

Since 2017, we have been hands-on with online space, in the context of counterfeits, from B2C to B2B, Social Media platforms, Messaging Apps, and how counterfeits are pushed through this space. In these years after 2017, we have tracked how the counterfeit trade has found and used newer online tools, but we have been matching each of their steps, by keeping our ears close to the ground. They have been evolving and we have kept an active pace and at times anticipated beforehand, what they may use next to push counterfeits through online channels

Lastly, what do you suggest to young lawyers in this field?

Develop one core area of expertise. Never let go of integrity and transparency. Always remember, Integrity and Transparency are competitive advantages in the long term. Lastly, never take shortcuts.

]]> https://fashionlawjournal.com/interview-how-adv-dhirendra-singh-is-busting-some-of-the-biggest-counterfeiting-syndicates/feed/ 0 “Fake Famous” Influencers and How to identify them? https://fashionlawjournal.com/fake-famous-influencers-and-how-to-identify-them/ https://fashionlawjournal.com/fake-famous-influencers-and-how-to-identify-them/#respond Tue, 07 Sep 2021 15:55:33 +0000 https://fashionlawjournal.com/?p=2262 Picture this: You are scrolling through Instagram and stumble upon a rather humdrum post of an XYZ brand you’ve never heard of. The determined scroller in you doesn’t wait up to read what the post is about, and quite organically moves on to the next post ready for you by the algorithm. Now picture a slightly different scenario. The difference is that this time it’s your favorite internet personality promoting this very brand. Call it FOMO or your inquisitiveness, you’d want to know what the hype is about. Chances are, you might visit the brand’s website. In the best case scenario, the brand’s products are purchased by you in the next five minutes. A study by Olapic found that 31% of the respondents have purchased a product or a service in such cases. This internet personality, whom you trust enough to make or break your purchasing decisions, is an Influencer.

How much Fame to be Famous?

From Tiffany and Co. to your local businesses, every brand with a social media presence is scrambling to work with Influencers to reinforce brand trust and increase targeted reach, resulting in a multi-billion dollar influencer marketing industry.

There are several parameters that help determine the ‘fame fortune’ of an Influencer but what tops the list is the number of followers they have. More often than not, this factor is proportionate to their fame. Influencers with a colossal fan following are not only sought out by brands but also make a fortune out of such arrangements. Access to a large audience who rely on your credibility opens gates for brand collaborations and opportunities to rake in a lot of money. This is probably why fake Influencers are sweeping across social media giants and manufacturing Influencer Frauds.

According to a study by a cyber security company Cheq and the University of Baltimore, it was predicted that Influencer frauds cost advertisers 1.3 billion in 2019, projected to grow to 1.5 billion in 2020. With the pandemic and rapid increase in Influencer marketing from home, one can only imagine the current risks that brands might be facing.

When brands collaborate with influencers, the latter become the face of the brand in the eyes of the average consumer. Engaging with a fake Influencer is risking the brand image, consumer trust, campaign effectiveness – thus incontrovertibly leading to financial losses. And that’s why it is imperative that a brand perform an authenticity check before sealing the deal with any influencer.

How Fake to be Famous?

Fake Influencers commoditize fame, buy fake followers and engagement while posing as conventional Influencers. A simple Google search “how to buy fake followers on Instagram” will provide you with dozens of services that enable you to buy these human forgeries. The costs depend on how many and how promptly you want them.

 

Image source: Google Images

 

A huge chunk of these fake accounts are automated accounts known as bots. Typically, these are the spam accounts that post a plethora of generic comments on Influncers’ posts to increase traffic and engagement.

Another way they increase engagement is by becoming a part of comment pods. It’s a barter exchange of comments, a sort of a group where each member comments on the other’s posts, and the favor is then returned.

An experiment by Mediakix breaks down this process and demonstrates how easy it is to buy fame while posing as influencers and even go as far as securing brand deals.

How to Identify the Fake Famous?

Fake accounts and bots are welcomed with warmth by fake Influencers, but they also plague the accounts of those who didn’t ask for it.

In 2014 came the Instagram Rapture. In a quest to put an end to the fakery that was looming over the web, Instagram deleted millions of accounts as a result of which celebrities like Taylor Swift lost millions of followers in just a few days. Apparently, Instagram didn’t delete enough millions. Turns out that these bots are still very much present, and have become smarter. Companies that produce bots earn profits out of these fake accounts, and keep developing them to evade the algorithm and stick around.

And so we face the real question –

“How to identify what’s fake? How can we spot fake influencers?”

Since it is all about the number game, a study of these metrics will give away relatively credible information about fake influencers and their path to fame.

 

  • Engagement to Follower ratio

An Instagram influencer who has bought fake followers is likely to have barely any likes on their posts. It is possible to buy 50k followers over a span of 10 days and still get as little as 50 likes on posts. This means that their engagement rates are  significantly lower than what they should have been, if their followers were all genuine. If you come across such a pattern on any Influencer’s account, it is best to not partner with them.

 

  • Look for bot comments

These auto-generated comments are now ubiquitous on Instagram ranging from being absolutely generic to intrusively abusive. Whether your post is about your recent trip to Mexico or about your neighbor’s cat who’s dying, bot replies like “nice pic”, “get free cash prize on buying 20 bitcoins” flood the comments section of these accounts. High-profile grammers like Kylie Jenner, Justin Beiber also fall prey to these bots. But what makes your influencer different is when you notice a continuous series of such comments on each of their posts. A quick glance through 20 of their recent posts should do the job. If the primary type of comments on their posts are like the ones mentioned above, it is possible that they have signed up for this bot parade.

 

Image Source: Einstein Marketer

 

  • Look through their ‘followers’ list

This might sound a bit cumbersome, but once you know what you’re trying to uncover, the job gets easier. Fake influencers buy fake followers to appear more popular than they actually are. That’s why their followers are a direct source that help discover whether the Influencer is genuine or administering fakery. The most obvious signs of a fake follower account are having a blank display picture, following thousands of accounts but not having a single follower, 0 posts, a cryptic username. When most of the followers of your influencer embody these features, it is quite possible that they have been bought.

 

  • Tagged photos

Genuine Influencers with a thriving community are tagged in posts by their followers, and even fan pages. Fake influencers generally do not exist in the same capacity in the real world. If your influencer isn’t tagged in other people’s/ followers’ posts, chances are that they have faked their entire web existence and bought their fame.

  • The authenticity of their content

In addition to inauthentic practices like buying fake followers, if their content itself seems to be stolen and full of stock photos, then your influencer isn’t really being honest while influencing. Checking the veracity of what they post is another way to identify their genuineness.

  • Instagram Analytics offered by platforms

Platforms like Hypeauditor analyze the quality of influencers’ audiences, engagement rate, and comment authenticity. Brands take help from such platforms to do detailed statistical research on influencers to put a value estimate on them and negotiate better. Type any account name in their search bar, and at a certain cost, one can access the account’s insights.

Image source: Hype Auditor

 

Every social media aficionado is looking for growth and employs different methods to stay at the top of their game. Many get consumed in vanity metrics and resort to the ‘fake it till you make it’ mentality. Because fame, engagement, and everything in between can be traded online, brands are attempting to come up with the right metrics to base an Influencer’s value on. With every attempt of social media giants to eradicate these dishonest practices, there comes a more evolved and evasive bot system that doesn’t get caught and spreads exponentially. Fake influencers and corresponding frauds endanger every stakeholder of the online marketing platform. There is a sincere need for brands, consumers, and followers to be aware of these practices to not only steer away from them but to also report these accounts and take necessary actions to protect themselves.

 

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The Taliban Effect: Evolution and Devolution of Fashion in Afghanistan https://fashionlawjournal.com/the-taliban-effect-evolution-and-devolution-of-fashion-in-afghanistan/ https://fashionlawjournal.com/the-taliban-effect-evolution-and-devolution-of-fashion-in-afghanistan/#respond Mon, 06 Sep 2021 12:42:18 +0000 https://fashionlawjournal.com/?p=2170 “In difficult times, fashion is always outrageous.” —Elsa Schiaparelli

Fashion is a tool that has been used time and again to portray power, style, and most importantly the individuality of a person. Fashion isn’t just the new trend, or the celeb style or the designer clothes, it’s more like a substance used by people, time immemorial to find themselves in those clothing, to develop their very own style and taste, and to embrace their originality, and personalities.

But Fashion is also so much more than individualism. It amalgamates our culture and represents where we come from. It helps in showing what (Triplett, 2020) we stand for and even aids us in holding high our faiths and values, like hijab, turbans, burqa, even cuffs which are now worn as fashion accessories. So, Fashion is also used as an expression, and honestly, everyone regardless of their gender or sexuality should have the right to choose their way of expression. 

The fashion of any country is the very essence of the presence of what is and what has been, of modernity and mentality, and most of all, of the homely figures. Exploring the social and political realm, it can narrate a story of the evolution of garments, fabric, and designs. India’s neighbor, Afghanistan had a vigorous and vibrant fashion in the 60s and captured the essence and beauty of its time.

Showcasing how the dynamic and free society was back then, this article sets forth an ex post facto world to put on the table, the hidden gem, that is, Afghanistan’s lost glory through its fashion.

Fashion timeline of Afghanistan through the ages

Afghanistan has been mostly known for wars, oppression, and rigidness in accepting modernism and freshness. But there was a time when Afghanistan slowly and gradually began to embrace a more progressive and unorthodox society that was also inclusive of women. The time was before the Soviet Union invasion and the birth of the Taliban that the war brought and eventually it became the Afghanistan we see today. But at that time, women had substantially more rights and freedom than they do now, a time when wearing a Burqa was almost made optional, almost made a “choice”. A time when women were studying in schools and colleges, a time when they were starting to be economically active. But these times were before the war of 1979 when the Soviets took over the nation.

In 1964, the new constitution brought in modern democracy which allowed women to vote and granted them equal rights, and freedom of speech, etc. The second era of intense reform happened in the late 1970s when the PDPA started working for the equal rights of women and the minimum age of marriage for girls was raised. During this era, women were employed in significant numbers in universities, private corporations, airlines, and as doctors and nurses as seen in the pictures. (Ahmed-Ghosh, 2003).

The ’60s allowed Afghani women to pursue professional careers, practice design, and marketing, and share their hopes and dreams and the world.

There was once a time when Kabul was known as the “Paris of Central Asia.”

Here are some of the images which give us an insight into fashion and life before the war.

In Image: Captured in 1962 Women working in the press.

Image – glamourdaze.com

Fashion in pre-war Afghanistan

Between the 1950s and 1970s, Afghanistan experienced a now-unimaginable period of stability, democratic reform, and liberalism. The country’s fashion reflected this era: old photos show women out on the streets in short skirts, chic scarves, and beehive hairdos. The Afghani goat-skin coat became fashionable around the world and some of the country’s young style icons were even featured in a 1969 issue of Vogue.

  1. Female students at a Polytechnical University in Kabul in the mid-1970s

Image – glamourdaze.com

  1. Miniskirts were worn by 1960s Afghan students

Image – glamourdaze.com

  1. Women attending a fashion show in Kabul – 1966

Image – glamourdaze.com

  1. When Hijab and mini skirt went together; in the image is Safia Tarzi, a young fashion designer from Kabul.

Image – bloglovin.com

As whispers of their captivating designs journeyed from the Silk Route across the world, celebrity designers imitated the styles and even had them printed on the pages of Vogue. Safia Tarzi, a budding fashion designer from Kabul, was featured in Vogue as one of the capital’s “bright young things”. This fashion boost even benefited the country’s economy. (John, 2021)

“As a girl, I remember my mother wearing miniskirts and taking us to the cinema. My aunt went to university in Kabul,” said Horia Mosadiq, as she recalled her days from the 1960s, during Afghanistan’s liberation. Looking back to Afghanistan, whose roots were of roaring culture, ever-growing art, and above all, unparalleled fashion has all taken a mile step backward through the war years, invasion and religious uprising, binding the minds of people with retrogressive thoughts and social decrees.

After years of war, young designers tried to put Afghanistan back in the fashion game

Things took a turn when war hit the grounds of Afghanistan, and since then it is only going downhill. The country has only known cataclysmic violence and social regression. Even after years of repression, Afghani labels are being trying to put the country back on the fashion map, blending the vivid patterns of traditional clothing with the new ideas of the upcoming generation, but it hasn’t done many good too, as criticism and restrictions never left the air.

Fashion in 2021 Afghanistan

Post-Taliban Invasion

Two decades of progress brought to a halt

Photo – WAQIL KOSHAR/AFP

A Taliban official walks past a beauty salon with images of women defaced using spray paint in the Shar-e-Naw area of Kabul on Aug. 18 (Kohsar)

Reportedly, The Taliban are beating young Afghans for wearing Western clothes. A group of young Afghan men claim Taliban fighters beat, whipped, and threatened them at gunpoint for wearing jeans and other Western-style clothes in Kabul, says the Telegraph.

Meanwhile, the sale and price of Burqa has doubled in Kabul as demand towered in the wake of the Taliban takeover. Taliban officials have vowed to respect “women’s rights” despite their dreadful track record of allowing women and girls basic freedoms.

The freedom of expression which I talked about at the beginning of my article, has been taken away. There is no means left for the women of Afghanistan to portray their voices, their fears, and their helplessness.

The right to choose what we wear is a personal choice and is a basic human right that has been snatched time and again from the people of Afghanistan. Fashion and clothing in Afghanistan have always been influenced by the type of govt. and the changing political regimes and their consequences rather than the changing fashion trends.

The status of women has repeatedly been used as a means of securing and maintaining power by various armed groups. They have been put through rigorous restrictions in the name of religion and culture as an instrument of consolidating their power and legitimacy. This repression of women symbolizes not only their vulnerability but also their helplessness.

As the whole world is moving towards modernism and has evolved every bit of its style and fashion, Afghanistan has successfully done the opposite.

Therefore, it’s safe to say, Fashion in Afghanistan is as lost as their freedom. It is devolving with a rapid pace, just like their democracy, just like their rights, just like their fate and their uncertainty. My statement is supported by these images below which depict the irony of development and evolution.

 

Before and After

Image – Pinterest

A women rebel fighter in Afghanistan, 1980s and the stance of women in 2021

Then and now

Source: Getty Images

“The day the power of love overrules the love of power, the world will know peace.”

Mahatma Gandhi

References:

  1. Chirali Sharma, in pics: Afghanistan Fashion Before the Soviet Union Invasion Was Extremely Modern and Free, Edtimes (June. 26, 2021), https://edtimes.in/in-pics-afghanistan-fashion-before-the-soviet-invasion-was-extremely-modern-and-free/
  2. Maria Thomas, After years of war, young designers are trying to put Afghanistan back on the fashion map, Scroll.in (August. 28, 2021), https://scroll.in/article/860685/after-years-of-war-young-designers-are-trying-to-put-afghanistan-back-on-the-fashion-map

]]> https://fashionlawjournal.com/the-taliban-effect-evolution-and-devolution-of-fashion-in-afghanistan/feed/ 0 Resale of Fashion Products: To Be or Not to Be, That is the Question https://fashionlawjournal.com/resale-of-fashion-products-to-be-or-not-to-be-that-is-the-question/ https://fashionlawjournal.com/resale-of-fashion-products-to-be-or-not-to-be-that-is-the-question/#respond Fri, 06 Aug 2021 05:08:42 +0000 https://fashionlawjournal.com/?p=1977 We have seen that product of the Covid-19 the fashion industry, textile and fashion retail is in full transformation in which on one hand sustainability has been one of the movements that have been highlighted in recent months in view that we have realized the damage we have done to our planet, as well as, It has become evident that it was not necessary to be addicted to consumption by the accelerated movement of the seasons, thus, it is gradually decreasing consumerism without a transfund, since, current consumers and even more those belonging to the Millenials and Generation Z generation are asking before purchasing products who, how, what materials and who made their clothing, footwear and accessories. On the other hand, also thanks to the pandemic, many consumers were forced to use technology from providing work via homeoffice without the need to go to the office to make online transactions of all kinds from food purchases, bank payments and obviously purchase clothing, footwear and accessories in general.

At the same time, a very interesting trend emerged when combining sustainability and e-commerce, I am referring to the resale of new or used luxury fashion products.

But, how was this new form of business in the fashion industry born?

Well, it started a long time ago with the rental of luxury garments and accessories, through the digital platform Renttherunway https://www.renttherunway.com/ and then with the sale of luxury brand products through platforms such as Farfetch https://www.farfetch.com/pe/ or Mytheresa https://www.mytheresa.com/ and is that the acquisition of luxury products via online is not a novelty, although luxury does not have an exact definition, since it is very subjective, in fashion, much has to do with the “aspirational concept of the consumer” in addition to the fact that it values exclusivity, superior product quality, history and reputation, among other characteristics, which makes it willing to pay a high price to get it. 

In the case of resale, on the one hand, the seller recovers or has a profit margin for the investment made in the purchase of a luxury product and on the other hand, the buyer acquires a product at a lower price (although this is not necessarily so, we will explain that later) and also feels that he is fighting against environmental pollution thereby reducing the carbon footprint by using a second-hand product.

It should be noted that within the resale market of used luxury brand products, we also find that shoe or watch boxes, bags and/or wrappings of such luxury products are being commercialized, such as the Louis Vuitton box or the Tiffany turquoise blue color box, better known as Tiffany Blue with Pantone Blue number 1837C, that is, through social networks such as Instagram in which people presume that they are luxury consumers, the acquisition of such boxes is a way to get closer to being this type of products, given that among Instagram followers or Facebook friends do not actually know what it has inside the box. 

However, we must be careful because this black market of acquisition of boxes and/or wrappings could generate an increase in the manufacture and marketing of counterfeit products that would be susceptible to be reported for trademark infringement or copyright, as the case may be.

On the other hand, we have that some consumers who purchase luxury products are seeing it as a long term investment, for example, owning a Birkin handbag of the Hermés brand. As you know to acquire this handbag is not only enough to pay its high price (it costs approximately US$ 50,000.00) but you have to sign up on a list and wait to be called to buy the handbag, this can take months or just do not call you, that reminds me of the famous scene in which the actress Kim Catrall playing the character of Samantha in the series Sex & The City, pretends to be a famous actress played by Lucy Liu to have the Birkin. 

The resale of this type of luxury products can be very profitable and with the passage of time such items are revalued, even up to triple its value, in fact, auction houses have been the first to realize this business, either by auctioning jewelry or clothing of Hollywood artists or royalty.

But now the resale through digital platforms can be available to everyone, and it is more with the rise of digital platforms such as the startup StockX https://stockx.com/, which resells only sneakers, considered as a unicorn since it is valued at 1,000 million dollars, the digital platform Grailed www.grailed.com that resells all kinds of garments such as polo shirts, jackets, pants, among others, or the virtual platform The Real Real https://www.therealreal.com/ that sells second-hand luxury clothing and accessories, among others. 

In this sense, resale is becoming more and more popular, which could imply a problem for the fashion industry, since the big brands cannot have control of their products or, if this is the case, cannot participate in the profits of such resales, and even start selling fake products in market places, which would violate the intellectual property of the big brands.

However, on the other hand, big brands could take advantage of technology and use blockchain to track their products as is the case of aura blockchain consortium https://auraluxuryblockchain.com/ an alliance of the LVMH, Prada Group and Richemont groups, which will allow traceability throughout the production and marketing chain of their products supervising that these are only sold in authorized channels or are encouraged to participate in resale marketplaces as is the case of the platform of second-hand luxury brands Vestiaire Collective https://us.vestiairecollective.com/ where the Kering Group has already acquired a percentage of shares of this platform. 

Undoubtedly this secondary market better known as resale is a new business alternative in the fashion industry and that surely the fashion law will participate in its development and regulation in the future. 

Annalucia Fasson Llosa 

Partner of the corporate area and head of the fashion and retail law department at Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados

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How To: Wear A Trench Coat Like The Fashion Crowd https://fashionlawjournal.com/how-to-wear-a-trench-coat-like-the-fashion-crowd/ https://fashionlawjournal.com/how-to-wear-a-trench-coat-like-the-fashion-crowd/#comments Fri, 09 Aug 2019 15:27:13 +0000 https://tf01.themeruby.com/fashion/?p=67 Aenean sit amet ipsum iaculis lectus porttitor suscipit sed nec ante. Morbi non sem in neque condimentum venenatis. Proin vitae eros urna. Vitae hendrerit tortor sem, dignissim eros.

Pellentesque nec consequat arcu, ut sagittis libero. In gravida nunc orci ornare malesuada libero fermentum a. Donec eu efficitur metus. Integer ut sollicitudin odio. Pellentesque in venenatis sapien.

Style is the only thing you can’t buy. It’s not in a shopping bag, a label, or a price tag. It’s something reflected from our soul to the outside world—an emotion.

Alber Elbaz

Curabitur id lorem maximus, scelerisque eros id, auctor leo. Orci varius natoque penatibus et magnis dis parturient montes.

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New Trend

Suspendisse bibendum lacus eu arcu luctus, eget volutpat tellus interdum. Etiam scelerisque tristique lorem, mattis pulvinar eros fringilla eget. Vivamus mollis ut nisl sit amet pretium.

Summer

Aliquam feugiat bibendum dui id facilisis. Vivamus id cursus tellus, at tristique nunc. Cras ullamcorper porttitor enim ut mattis. Vestibulum imperdiet, odio sit amet sagittis dictum.

Wearing: Cras Tincidunt | Taciti Sociosqu

Conclusion

Praesent vitae venenatis dui, sed tempor tellus. Proin gravida consequat facilisis. Ut suscipit, orci non facilisis suscipit, justo elit consectetur sapien, id tempus nisi sem quis lacus.

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What Does One Wear to “Go Night Out” in This Year? https://fashionlawjournal.com/what-does-one-wear-to-go-night-out-in-this-year/ https://fashionlawjournal.com/what-does-one-wear-to-go-night-out-in-this-year/#comments Fri, 09 Aug 2019 15:21:49 +0000 https://tf01.themeruby.com/fashion/?p=63 Aenean sit amet ipsum iaculis lectus porttitor suscipit sed nec ante. Morbi non sem in neque condimentum venenatis. Proin vitae eros urna. Vitae hendrerit tortor sem, dignissim eros.

Pellentesque nec consequat arcu, ut sagittis libero. In gravida nunc orci ornare malesuada libero fermentum a. Donec eu efficitur metus. Integer ut sollicitudin odio. Pellentesque in venenatis sapien.

Style is the only thing you can’t buy. It’s not in a shopping bag, a label, or a price tag. It’s something reflected from our soul to the outside world—an emotion.

Alber Elbaz

Curabitur id lorem maximus, scelerisque eros id, auctor leo. Orci varius natoque penatibus et magnis dis parturient montes.

[rb_related title=”Also in This Issue” total=”2″]

New Trend

Suspendisse bibendum lacus eu arcu luctus, eget volutpat tellus interdum. Etiam scelerisque tristique lorem, mattis pulvinar eros fringilla eget. Vivamus mollis ut nisl sit amet pretium.

Summer

Aliquam feugiat bibendum dui id facilisis. Vivamus id cursus tellus, at tristique nunc. Cras ullamcorper porttitor enim ut mattis. Vestibulum imperdiet, odio sit amet sagittis dictum.

Wearing: Cras Tincidunt | Taciti Sociosqu

Conclusion

Praesent vitae venenatis dui, sed tempor tellus. Proin gravida consequat facilisis. Ut suscipit, orci non facilisis suscipit, justo elit consectetur sapien, id tempus nisi sem quis lacus.

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