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Fake is the new black

Despite growing awareness and brands condemning the practise, the trend of purchasing counterfeit, has only expanded over time

Every sunny Saturday afternoon in the chic neighbourhood of Chhatarpur in the capital city, a compound dedicated to fancy eateries is overtaken by Delhi’s elite and sociable ladies. Their glamorous outfits and luxurious accessories confirm that they have convened for their kitty parties. Amidst their glittering presence, Chanels hobnob with Louis Vuittons, Bottega Venetas and Pradas. Even the impractically tiny Jacquemus Le Chiquito Minis are in attendance. On the face of it, the worth of a single table’s inhabitants based on what they wear could rival the annual salaries of certain highly paid corporate executives. Yet, one wonders if everything on display is truly valuable? Discerning fashionistas might laugh and say, “Of course, not!”

Fakes Get More Sophisticated

Despite increased awareness and brands denouncing the practice, the trend of buying fake bags, shoes, jewellery and in some cases, clothes, has only grown over the years. When one’s worth is determined by what they wear, and repetition of outfits is a denounced practice, resorting to buying fake goods is an easy recourse. The perceived aura of sophistication that comes with the ownership of branded goods is an added attraction. “Traditionally, only the very elite could own these expensive products, which were not accessible to most people. Hence, people feel compelled to buy fake goods because it allows them to feel like they belong to a very elite club. Buying fakes is a projection of this desire to feel a part of this sophisticated club and of making your way up in the world,” says advocate Shriya Misra who specialises in intellectual property laws.

Fake it till you make it

Digital content creator Israa Shaikh remembers buying counterfeit products as a teenager because she couldn’t afford the luxury brands she really liked. “Keeping in mind the question of affordability, I understand why there’s such a huge consumer base and market for fake goods,” she says matter-of-factly. The easy availability of fake products online and in certain stores makes them accessible. “Sometimes people may not even be aware of the fact that the product they are buying is actually fake, because it is made so well. This is especially true in the case of online sales on e-commerce platforms.”

Model Ruopfuzhano Whiso, who also creates content on social media, highlights many reasons for people to purchase fake goods. Some appreciate their affordability, and others see them as an easy way to own status symbols that will enhance their image. “People who follow fashion trends on social media like to buy fake goods as they seek to emulate the trendsetting influencers and celebrities while staying within a budget,” she adds.

As lucrative as the idea of spending less money on an expensive-looking item may be, there are many disadvantages to buying counterfeit products. This includes exposure to low quality (in some cases, even hazardous) materials that are used in their manufacturing process, and their inherent proclivity to deteriorate quickly as they aren’t nearly as durable as the original items they are based on. Hence, the overall experience of owning fake goods is much less satisfactory when compared to genuine products.

Counterfeit goods are destroying brand reputation

Taking a strong stand, many brands have adopted measures to educate buyers, while running campaigns asking them not to support the sale of fake products. But are these measures enough? Whiso doesn’t think so.

She shares with candour, “Addressing the prevalence of fake goods can be challenging, especially since affordability often drives demand for these products. While it’s not easy to completely eliminate this trend, raising awareness about counterfeit brands through social media is a positive initiative.”

Shaikh also believes that social media can be used to foster change. “It holds the power to bring about change when all else fails. Since brands and designers work so hard to create collections, voicing their frustration and calling out brands selling fake goods on social media can help to shine a light on the subject and force some accountability in this situation,” she asserts.

Protect your brand

As for the legal position, brands are well within their rights to bring a suit of infringement against a person or company selling or passing off its own goods as those of a more expensive heritage brand, under The Designs Act of 2000. Misra certainly encourages this method to those seeking redressal for wrongful copying of their products. She says, “If the owner of the original design has a strong case, then legal recourse is recommended because some measure of justice can be achieved on the first day itself. They could get an interim ex-parte stay order on the production and manufacturing of the fake goods which will prevent them from selling these fake products on the market.”

(The author contributes to many lifestyle publications.)

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