Business of Fashion, Fashion Law

Moncler Wins a Landmark Fashion Law Battle

Moncler counterfeits are taking a hit.

Moncler has won a landmark battle against Chinese counterfeiters.

If a new brand expects to expand outside of the U.S., it is critical to strategize a brand protection schedule. Outside of the U.S., many places use a “first to file” system, so a trademark troll could file before the real owner and slyly own the right to the brand.

Moncler ad with text: Moncler has won a landmark battle against Moncler counterfeits in China

Suggested: How to tell if a Moncler coat is real

This protection may be more critical when the products are manufactured in Asia and your popularity extends to the virtual world.

Anti-counterfeit measures include protecting production chains.

To help protect its savoir-faire, Moncler (an Italian apparel company) has always controlled its whole productive chain, from manufacturing logistics to external suppliers.

A Moncler storefront in Asia - one inspiration for Moncler counterfeits

A Moncler storefront in Asia

Recently, Moncler announced that it caught a group manufacturing counterfeit Moncler items in a factory which was formerly included in Moncler’s productive chain.

The fashion law meaning of UA products or unauthorized copies.

Workers of a factory sometimes steal the product designs and material to produce UA copies” or “unauthorized copies.”

Factories that were once part of a fashion business’s supply chain can sometimes produce counterfeits identical to the originals.

When a company is going to remove a factory from its operations, it is critical to retrieve all blueprints, materials, and molds. Of course, this task can be hard to impossible to confirm.

Of course, once the UA term was used enough, it became almost synonymous with a AAA quality counterfeit. All tricky terms used by counterfeiters to convince a buyer that a fake good is a quality good.

Moncler is also a victim of traditional counterfeiting.

In 2013, Moncler discovered that Beijing Nuoyakate Gourmet Co. Ltd., a Chinese company, was manufacturing and selling jackets with counterfeit Moncler logos.

In December 2014, Moncler sued the Chinese company. The lawsuit was filed in China’s newly established Intellectual Property Court of Beijing.

Court ordered fashion law damages.

On November 16, 2015, judges ordered the defendant to pay 420,000 euros in damages.

WWD reports that Moncler stated:

“This is a groundbreaking case, believed to be the first judgment under China’s new Trademark Law to grant maximum statutory damages.”

Moncler counterfeits caught.

Last year, Moncler confiscated over 450,000 counterfeit items globally.

While these are all wins for Moncler, many Moncler counterfeits remain. The fashion law battle will undoubtedly continue.

You Might Also Like