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| 2 minute read

Always in Season: Luxury, Fashion, and the Law — The rising risk of “superfakes” and strategies to protect luxury brands

In January 2025, Peacock announced the series pickup of “Superfakes” through a blog post that described the show as “an original crime drama series” that “follows a small-time Chinatown luxury counterfeit dealer who enters a dangerous black-market underworld to fund a life of suburban respectability for her family.” 

Beyond the title of a (hopefully) bingeable television series, “superfakes” is a term used in the fashion industry to describe copies of luxury goods – particularly handbags – that are extremely and deceptively similar to the originals. These are not just any run-of-the-mill counterfeits. 

While there are likely some consumers who are truly deceived (believing superfakes are originals), there is also a growing number of consumers who are consciously seeking out superfakes. This trend, for better or worse, has led to the rise of Reddit (and Subreddit) posts containing information on sellers, who then move to encrypted apps such as Telegram to connect with customers to “close the deal.”

Oftentimes, superfakes are created using the same or very similar materials as the originals, and may even be manufactured at the same factories. Superfakes strive to replicate originals down to the smallest detail, including the logos and even stitching. These sophisticated imitations often are so successful that experts and the brands themselves are unable to discern authenticity. 

Surprisingly, pricing does not help to distinguish superfakes from originals. Where fakes from the “old days” were sold at extremely low price points (i.e., double digits), superfakes are generally sold for shockingly high prices – often into the thousands. Even with the high price tag, consumers are drawn to superfakes because they are still cheaper than the original and are deceptively similar. 

Luxury brands are often left scrambling to stem the availability of superfakes in the marketplace while also endeavoring to steer consumers away from them.  

At least one large luxury goods group has taken a stance. Richemont – a Switzerland-based luxury goods holding company that owns brands including Cartier, Chloé, and Montblanc – recently sued Malidani Jewelry Corporation. The case, Richemont International SA et al. v. Malidani Jewelry Corp., 1:25-cv-06284 (S.D.N.Y.), was filed on July 30, 2025. The complaint alleges that Malidani is selling jewelry that imitates designs by Cartier and Van Cleef & Arpels at price points high enough to compete directly with the originals. Specifically, the complaint alleges that Malidani is selling imitations of Cartier’s LOVE bracelet and Juste un Clou collection, as well as Van Cleef & Arpels’ trademark and design patent-protected Alhambra line. Richemont asserted claims of trademark and trade dress counterfeiting, infringement, and unfair competition under the Lanham Act and state law, as well as design patent infringement. On September 19, 2025, Malidani filed an answer to the complaint, denying the allegations and asserting seven affirmative defenses, including that Plaintiffs’ designs are functional and lack secondary meaning, and that the resemblance between Malidani’s products and Plaintiff’s products are “descriptive or otherwise constitutes fair use.”

What other strategies can brands take to combat superfakes?

  • Focus brand protection and enforcement efforts, including litigation, on higher-tier imitations, similar to the Richemont case; 
  • Invest in advanced authentication technologies, such as RFID or NFC tags (allowing consumers to tap their phones on a tag to verify authenticity), microchips, or unique serial numbers; 
  • Use data and analytics to track counterfeiting patterns, such as posts on Reddit and other social media, to pinpoint products vulnerable to counterfeiting; 
  • Collaborate with law enforcement agencies to combat superfakes; and
  • Continue to increase brand recognition and awareness. 

Tags

always in season, luxury fashion, fashion, luxury brands, dupes, lanham act, retail and consumer goods