Question from a reader:
Is it legal to sell clothing and accessories similar to famous brands if it is clearly stated, “This is a knockoff”?

Is it legal if it says, “This is a knockoff”? Exploring the Underbelly of Fashion

Hello everyone! Today, I want to think about a rather intriguing topic. It concerns whether it is legal to sell clothing and
accessories similar to famous brands if they are labeled “This is a knockoff.” I’m sure many of you have thought, “This looks like that brand’s design,” while shopping. I myself recently noticed this while window shopping. Among the fashion items we see every day, there are many products referred to as “knockoffs,” which imitate the originals. While they certainly have the appeal of being affordable, there are also legal risks involved. So, let’s delve into whether this is actually legal and the laws behind it.

Understanding the Basics of Copyright and Trademark Rights

First, let’s review the legal rights related to fashion items. In the fashion industry, “copyright” and “trademark” are the main legal concepts involved. Copyright is the right granted to creative works. Copyright arises when a design has originality and creativity. For example, dresses or bags created by famous designers are protected by their copyright. Therefore, imitating a similar design without permission is likely to constitute copyright infringement. On the other hand, trademark rights protect marks or names that identify specific products or services. For instance, the logos of “NIKE” or “Louis Vuitton” are protected by trademark rights. Using these logos or names without permission would constitute trademark infringement.

What is a “Knockoff”? Its Legal Position

Now, the term “knockoff” generally refers to products that infringe on copyright or trademark rights. Moreover, they often not only resemble the original but also imitate the brand name or logo. However, in the context of the question, we are considering products that are labeled “This is a knockoff.” For example, if I were to sell a bag named “Louis Vuitton-style bag,” whether this is legal is a very nuanced point. Legally, it may not fall under trademark infringement, but from a copyright perspective, there could be issues. Particularly if the design is very similar, there remains a risk of being sued for copyright infringement.

Real Cases: Legal Risks of Selling Knockoffs

Now, let’s look at a specific case. A few years ago, a Japanese online shop sold a bag labeled “This is a knockoff,” which became a hot topic. This bag imitated the design of a well-known brand and was reasonably priced. Initially, it attracted attention, but a few months later, the brand took legal action. The brand filed a lawsuit citing copyright and trademark infringement. This trial dragged on, but ultimately, the seller was ordered to pay damages, and the product was taken off the market. As this case illustrates, even if it is labeled “This is a knockoff,” there are still legal risks involved.

The Impact of Selling Knockoffs

Now, beyond the legal risks, we must also consider the social impact of selling knockoffs. As you all know, fashion brands are the culmination of the efforts and creativity of renowned designers and artisans. Therefore, there is a strong backlash against imitation products. Purchasing a knockoff can lead to damage for the original designers and brands. Additionally, while many people think “cheap means bad,” some begin to question how this imitation affects the value of quality and design. I myself sometimes think, “Should I buy it because it’s cheap?” but ultimately, I find myself wanting to cherish the original. Being in the entertainment industry, I understand the importance of valuing creative work.

Conclusion: It’s Not Easy to Say Whether It’s Legal

In conclusion, whether it is legal to sell something labeled “This is a knockoff” cannot be easily determined. There is a high likelihood of facing issues related to trademark and copyright infringement, so risks remain even with a disclaimer. Moreover, the social impact and ethical considerations are also factors that cannot be ignored. Fashion is culture and part of our identity. We should not forget that the choices we make ultimately affect the entire industry. Therefore, while considering your budget and preferences, I recommend choosing original items whenever possible. Valuing your own style and respecting the creativity of others may be the ideal way to enjoy fashion. So, let’s talk about fashion and entertainment again next time!