What Is A Knockoff Fashion

Whether searching online or shopping in person, you expect the items that you see in stores to be the brand that they say they are. But what happens when they’re not? Knockoff and counterfeit fashion is a constant problem for the fashion industry, but what does it mean?

Knockoff fashion is when a clothing or accessory resembles another well-known brand or item, but is not identical. These items are sold through any type of retailer and are typically cheaper than the original item. This is not illegal, but it can be challenged by a court of law. 

What is knockoff fashion, and what is its relation to counterfeit fashion? What can be trademarked? What can you do if you find out your fashion brand is being stolen? Read on to find out more. 

Terminology to Know

When considering trademarks and copyrights and knockoff fashion and counterfeit fashion, it’s important to be aware of the terminology and their exact definitions. There is variation between each term, so understand that before you read on and make decisions for your clothing line. 

A copyright is when you protect art that you have included on your clothing, but not the clothing itself. A unique graphic design on a t-shirt or on any other item within your clothing brand can be copyrighted, but not trademarked. 

 What is knockoff fashion.

Counterfeit fashion is when a product is identical to another product. This means it is an infringement on the original brand’s copyright and are usually sold online or on street corners, making them illegal and can be litigated.

Intellectual property is whatever comes in your branding package and what you can get trademarked. This is the information you submit to the United States Patent and Trademark office to make sure that no one steals your information—and every bit of IP, as it is known, can be trademarked. 

Knockoff fashion is when a clothing or accessory resembles another well-known brand or item, but is not identical. These items are sold through any type of retailer and are typically cheaper than the original item. This is not illegal, but it can be challenged by a court of law with the proper information. 

A patent is something that protects your pattern of clothing. In the clothing industry, it can be very hard to get a patent, as it would have to be a new type of clothing or design that has never be made before. 

A registered mark is another name for your trademark. It usually refers to a specific trademark when being used in a sentence. 

A replica is something counterfeiters are currently making and a term they’re using to try to circumvent the “counterfeit” term. This is still an illegal way to sell items and while similar to both the counterfeit and the knockoff, is usually entirely too similar to the original item and can be litigated. 

A trademark is something that you file with the United States Patent and Trademark office. This filing will give you protection over your intellectual property—your brand name, logo, slogan, and anything else that is connected specifically to your brand. In this case, the more trademarks you own for each individual piece of your brand, the stronger a case you have if you end up taking someone to court over it. 

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What is counterfeit fashion?

 What is knockoff fashion.

According to the U.S. Trademark Act, a counterfeit item is “substantially indistinguishable from a registered mark”. This can also mean that the label on the clothing itself is also faked, which is also a violation of the law. But that isn’t all. There’s trademark infringement, which means that someone is using that trademark in relation to goods (or even services) that may confuse the consumer. What does that mean? It means putting a brand name on something that isn’t that brand name can mislead a consumer to buying something they don’t intend on buying. 

When it comes to counterfeit items, these items are typically very difficult to identify, but are usually produced at a much cheaper rate than their luxury counterparts. Because the intent here is to copy and mislead, the litigation and damages are usually higher than those litigating against knockoff fashion. 

Selling counterfeit fashion is illegal in the United States and does not punish the consumer for purchasing the counterfeit item. These rings are made that much easier with the advent of eCommerce, meaning anyone can sell counterfeit items to anyone in the world—making it that much harder to track down the individuals or even businesses creating the counterfeit items. 

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What is knockoff fashion?

 What is knockoff fashion.

Knockoff fashion is a bit different than counterfeit fashion. In knockoff fashion, they typically make no show of saying that it is the brand they are copying, or “knocking off”. They don’t include a brand or trademark that isn’t theirs, and while it’s still typically cheaper than the original item, they don’t say it is that item, but rather simply makes it look like that item or gives it the same aesthetic. 

What’s the difference between being inspired by something and creating a knockoff? It all comes down to the look. If you’re inspired by an item, it could come out looking like something completely different. If you find yourself comparing two items, though, and trying to “spot the difference”? It’s probably a knockoff. If the intention is to copy, then you’re slipping into counterfeit territory. 

Knockoff fashion is simply the legal version of counterfeit fashion—make an item different enough and don’t include the original label, and you shift from being counterfeit to a knockoff. Knockoffs are legal, while counterfeits are not. 

That doesn’t mean it can’t be litigated, though—depending on the trademark and how the knockoff brand copies that trademark, it can be litigated in a civil court. It’s much harder, though, because a name and logo are not included on those knockoffs. 

Should you trademark your brand?

It is all up to you whether you should trademark your brand. While the process is long and arduous to receive that copyright, once you have it, it just takes maintenance documents sent into the United States Patent and Trademark office periodically to maintain that trademark. You will also be able to establish your brand without the concern of anyone else stealing your intellectual property. 

This also means that if you have a trademark and want to pursue litigation against someone creating either knockoff or counterfeit items, you have more of a case. It is much more complicated to litigate if you do not have the proof that your brand is your brand. Having it filed with the United States Patent and Trademark office gives you that much more proof that your brand is your brand, and not theirs. 

How can you protect yourself?
 What is knockoff fashion.

The number one way is by trademarking your brand. If you find yourself in a position where you have a successful business, you should be considering trademarking your fashion brand anyway in order to protect your intellectual property. 

Secondly, you should stay vigilant in watching the fashion market. You should already be doing this with your research focus on trends and what other brands are doing, but make sure you keep on the lookout for someone possibly copying or knocking off your bestsellers. It is up to you to report any possible infringements.

As a consumer, how can you protect yourself? Easy—go through the proper channels to purchase the items that you want. While everyone wants to save money, if you’re worried about purchasing a counterfeit or a knockoff, go through the business itself to purchase your items. While buying the real thing may hurt your pocketbook for those high ticket items, you’ll walk away knowing that you have the real, trademark protected quality fashion item that you wanted in the first place. 

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Related Questions

How do I file for a trademark?

Filing for a trademark is easy if you have the proper information prepared ahead of time. First, make sure you can trademark your name and brand. If you need to work with an attorney at this point, loop them in for assistance. Next, you must create an account with the United States Patent and Trademark Office and put together an application based on their information. You must wait for initial approval in a Notice of Allowance, which means you still have to file a Statement of use form. Once that form is filed, you have received your trademark. 

What happens if my brand suffers from trademark infringement?

 The United States Patent and Trademark office does not police trademark or copyright infringement. If you find another brand creating knockoff or counterfeit items that resemble your brand, you must report the violation to the Patent and Trademark office. 

Does my United States trademark apply to other countries’ markets?

No, just because you have a filing in the United States does not mean that it is reciprocated in other countries. Selling your clothing in other countries means you must also trademark your brand within their branding offices. A trademark or copyright attorney can help you make those decisions and can assist in filing your paperwork.

To learn more about how to start your own fashion clothing line check out my startup documents here

Please note: This blog post is for educational purposes only and does not constitute legal advice. Please consult a legal expert to address your specific needs.