Ordering from China and changing the Brand and label...Legal???

Discussion in 'Classic Menswear' started by Dannyboy8, Apr 5, 2012.

  1. MikeDT

    MikeDT Senior member

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    Well that's what they do here in China, take whatever designer brands and designs, and copy them. I'm sure it constitutes copyright infringement. Some countries like the USA tend to take a dim view of such things. Infringe copyright in the US, one will end up in jail.
     
    Last edited: Apr 6, 2012
  2. RogerC

    RogerC Senior member

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    [IPLawyer] In principle, there's no copyright in clothing designs (unless specifically registered), although there can be in fabric design. Also, let's be honest, what would be special about simple white tee-shirts or polo shirts, design wise? Or how would you protect "the suit"? Also, trademark law (legally) serves few other purposes than to identify the producer of a good or service for you to sue when things go wrong. In principle, when Polo orders a couple of million polo shirts and has a logo stitched into them, they are doing nothing else than making sure people can tell the origin of the good (and pay handsomely for the privilege). In short, as long as, from beginning to end, it's only your logo/trademark on the garment, you're fine legally.

    Were you will have problems is sourcing from China. Low-end manufacturing isn't what it used to be anymore there, margins are extremely thin and competition fierce. Unless you have the wherewithal to keep a close check on production and QC, it will be very difficult for you to offer a consistent product of good quality. If that is not your goal, why bother, Wal-Mart can do that better than you. [/IPLawyer]
     
  3. MikeDT

    MikeDT Senior member

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    I've noticed that some garments have [​IMG] copyright notices on the labels, Marks & Spencer do this, even on things like plain solid colour t-shirts.
     
    Last edited: Apr 7, 2012
  4. RogerC

    RogerC Senior member

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    Of course they would claim it. But that doesn't give it to them. They might have copyright on the label itself, though, but that might be a tough case to make as well.
     
  5. MikeDT

    MikeDT Senior member

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    Just been looking at the labels on some of my gear. Pair of counterfeit Burberry jeans has "[​IMG] 2011 Burberry" on the label..... ha ha!. More than likely came from the same Guangzhou sweatshop as the real stuff anyway.
     
    Last edited: Apr 7, 2012
  6. MyOtherLife

    MyOtherLife Senior member

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    Even if you were to fool a person here or there by wearing them, you'll still know it is a fake and a waste of money.
    What satisfaction do you gain by wearing counterfeit things? Getting laid is the only possible answer that comes to mind and only remotely.
     
  7. Harold falcon

    Harold falcon Senior member

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    OP, you are a horrible person and I hope you are mangled in a horrific meteorite accident.
     
  8. MikeDT

    MikeDT Senior member

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    Because often that's what's available in this city, basically what fits and is of good enough quality, Clothing sizes tend towards small here and often the quality can be very poor. Spending a week in Beijing next month, clothing availability in my size tends to be somewhat better there.

    Thing is it's probably not all counterfeit, I'm sure some is seconds, rejects and excess production from the factories. There seems to be a load of C&A and Sears apparel here this week, I've also seen Debenhams, Polo, Ralph Lauren, Brooks Brothers, Gap, Marks & Spencer, Banana Republic, The Bay, Zellers, Zara, Uniqlo, Topman, Next, George(Walmart/Asda), River Island, Stone Island and Fred Perry here in Xilinhot. As well as the usual PPR and LVMH brands. Most of this stuff is in the supermarkets and indoor markets. There are plenty of Chinese brands available as well, however these nearly always have small sizes only.

    http://books.google.com.hk/books?id...=counterfeit unauthorized second runs&f=false
    Factories in the Philippines or China that produce licensed manufactured goods may run unauthorized second shifts..
    [​IMG]



    The girls love brands here, especially knock-off LV and Gucci handbags. :) They know it's counterfeit, maybe they aspire to own the real thing one day?
     
    Last edited: Apr 7, 2012
  9. MikeDT

    MikeDT Senior member

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    Last edited: Apr 7, 2012
  10. SirGrotius

    SirGrotius Senior member

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    You realize this is a forum where people appreciate fashion and style? You're talking about the lowest form of clothing possible.

    Why don't you set up a deal with American Apparel, they have good t-shirts (MIA), and you can put your own designs on them.
     
  11. ter1413

    ter1413 Senior member

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    Are you just talking about branding it as "your label" or also, "Made in the USA"?
     
  12. w.o.e.is.me.

    w.o.e.is.me. Senior member

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    i might be reading this incorrectly, but it's my understanding that you want to lie to your customers about where the clothing comes from?
    this sounds like a TERRIBLE idea, for several reasons.

    (if you're just talking about putting the label of your brand on it after being sold the garment, i think this is fairly common place).
     
    Last edited: Apr 7, 2012
  13. stubloom

    stubloom Senior member

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    The Federal Trade Commission (FTC) regulates the Care Labels sewn in garments.

    I wouldn't be surprised if the FTC or the government agency responsible for customs and tariffs would have something (of a legal nature) to say about changing the Country of Origin Labels in those garments.

    I don't believe that anyone can regulate the Brand Label sewn in garments. For example, men's and ladies boutiques routinely sew in their own labels into garments manufactured by others for that "aura of exclusivity".

    You say that your'e looking to start a clothing company. Yet, by your questions, you clearly know very little about the clothing business and have very limited start up capital (can't afford a plane ticket to China to scout potential production facilities?). If you believe that success in the clothing business is strictly a function of the brand label sewn in a garment, may I respectfully suggest that you invest your time in some other endeavor.
     
    Last edited: Apr 7, 2012
  14. jhcam8

    jhcam8 Senior member

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    You need to contact a lawyer, not the SF.
     
  15. Harold falcon

    Harold falcon Senior member

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    OP what is the name of your business so I know to never buy any of your merchandise?
     

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