No logo, no counterfeit? Viral Chinese factory videos spark debate

CapeTalk's Lester Kiewit interviews Jarred West, Partner at Spoor & Fisher.

Listen below:

Recently, videos have been going viral on social media, allegedly showing factory workers in China teasing viewers with claims that high-end products – identical to those from famous brands – can be purchased for a fraction of the price, as long as the logo hasn’t been applied.

This raises the question: Are factories in China really producing genuine, brand-quality items and selling them cheaply, simply without the labels? And, if so, would these items still be considered counterfeit?

According to West, the answer is no – they wouldn’t automatically be classified as counterfeits.

He explains that a counterfeit is when a trademark is used without the trademark owner's permission. 

"If the bag doesn't have the brand on, it won't be considered a counterfeit."

- Jarred West, Partner – Spoor & Fisher

However, West also points out that even without a visible logo, some products include distinct design elements that 'by themselves bear reputation'.

He goes on to explain that intellectual property extends beyond trademarks.

Certain shapes, styles, and features may be protected under design rights or copyright law.

So, ultimately, West says that a brand isn’t defined by its trademark alone – there are other layers of intellectual property that contribute to a product's identity as a designer item.

"Some of the big Italian brands, you don't even have to see the logo to know that it's a bag manufactured by one of those brands because of the shape."

- Jarred West, Partner – Spoor & Fisher

Scroll up to the audio player to listen to the interview.