Legal fake

The term legal fake was first used in reference to a legal case involving the American streetwear company Supreme, and an Italy-based company by the same name.[1][2][3][4] Through this case, several judgments by the Tribunale di Milano have clarified and defined what "legal fake" is.[5]

Supreme Italia was brought to court in 2016 by Supreme New York. The latter company claimed that their trademark and brand image had been damaged.[6][7]

Other brands involved in similar processes include Boy London,[12] Pyrex Vision,[13] and Kith NYC.[14] In all these cases both the brand name and logo, the concept and the items themselves were copied from the original company and sold in another country as if they were the original items, however no legal actions have yet been taken.[15]

Legal fakes are possible because they take advantage of the uninformed consumer who can be easily deceived and influenced by the latest trends promoted through celebrities endorsement and social networks or digital platforms. It's no coincidence that this phenomenon makes use of celebrities endorsement. Indeed, it is now among the most widely used communication strategies which have recently proved to be efficient and able to reach the goal of credibility among consumers.[16] Legal fakes strategy exploits brands fame making their products more easily available on the market and at lower prices unlike the original companies which are niche brands selling limited edition items. A further key point of legal fake related to consumers’ deceit is cybersquatting. This implies the creation of a new website using an almost identical internet domain while adding words such as ‘official’ or ‘original’ which make consumers trust the brand, not knowing it is fake.

The question of how consumers can protect themselves from counterfeit and being deceived needs to be mentioned. Information and a corresponding compensation possibility to counterfeit are key points that consumers need to be aware of. The United Nations General Assembly has itself worked on this issue and provides a list of eight principles. After J.F. Kennedy employed the term ‘consumer rights’ in his address to the U.S. Congress in 1962, it has been extended to issues dealt by supranational organisations such as the European Union and the United Nations. The latter has adopted in 1985 a set of eight consumer rights as guidelines for consumer protection.[17] The three most relevant for the topic of legal fake are the following:

• 2. Right to be Informed to be given the facts needed to make an informed choice, and to be protected against dishonest or misleading advertising and labelling;
• 6. Right to Redress to receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods or unsatisfactory services;
• 7. Right to Consumer Education to acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them.