It's unfortunate that Wired seems to equate “fakes,” “knockoffs,” and “bootleg copies” with “counterfeits."

https://www.wired.com/story/influencers-paid-promote-designer-knockoffs-from-china/ (h/t @carnage4life)

Worse, the article seems to use the c-word in both the colloquial and the legal sense without distinguishing between the two meanings.

On the bright side, I do like the use of the word "replica" to mean something akin to the colloquial meaning of "counterfeiting." I may adopt that in my next draft: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

In this story about influencers promoting knockoffs on sites like Pandabuy via affiliate links, one thing it misses is how much gen Z loves reps (aka replicas/knock offs).

I’ve seen teens praise the quality of each other’s knock offs which is a new thing
https://www.wired.com/story/influencers-paid-promote-designer-knockoffs-from-china/

Blue Spring v. #ScheduleA - This complaint (filed by Boies Schiller) is going in my all-time worst design patent infringement claims file:

https://www.scribd.com/document/708509893/Blue-Spring-v-Schedule-A-Complaint

Not only are the two design patent infringement claims that are actually alleged in the complaint absolutely baseless, the plaintiff (or perhaps more correctly, their attorneys) don't seem to understand the difference between a design patent and a utility patent.

#DesignPatents #PatentFedi #ConceptFallacy

Excited to share that my newest article, "The Counterfeit Sham," will be published in Volume 138 of the Harvard Law Review.

You can read the current draft here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

#LawFedi #LegalScholarship #CounterfeitRhetoric