New York associate Cynthia Martens, Intellectual Property, authored an article in Bloomberg Law on the rise of "superfake"handbags, well-made counterfeit designer handbags that are hard to discern from the real thing, emphasizing the role of trademarks in identifying a product's source and improving consumer transparency.
"Brands hold intangible, illogical power,"Cynthia said. "They are symbols, and symbols are everywhere in society, especially in clothing and accessories. All are visual cues, a kind of shorthand for where we belong, who we are, and what we believe or value."She noted that such cues can be just as important as a product's price, quality or aesthetics for consumers considering a purchase.
Cynthia explained that trademark law serves to protect consumers and ensure fair competition, citing a trademark infringement case in which the Supreme Court observed that "a trademark is 'both a sign of the quality of the article and an assurance to the public that it is the genuine product'of the owner's manufacture."
"That's where counterfeit designer bags should create more consternation than they often do,"Cynthia said, noting that the manufacturing process for these goods is opaque. "Instead of debating the value of designer handbags, the public interest focus should be on transparency and compliance - and as long as a branded product is the real deal, consumers are empowered to demand both."
"'Superfake'Products Test Consumers and Brands in Trademark Law"*Bloomberg Law, June 15, 2023
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