Ferris in Glossy: Dupe Culture Fueling Legal Battles Across the Fashion Industry

January 09, 2024
Haynes and Boone, LLP Partner Tiffany Ferris was quoted in a Glossy article on a recent lawsuit by Nike after the company announced in December that it was suing sneaker influencer Eben “Cedaz” Fox who, it said, openly promotes counterfeit Nike goods, gives instructions on how to purchase counterfeit sneakers and even runs a Discord community where he sells counterfeits.

“Influencers have really changed the game here,” Ferris said. “I work with influencers, and you see it every day. They call it a dupe or a look for less instead of a fake, and all of the sudden it doesn’t seem so nefarious.”

She said the damages Nike is seeking in the lawsuit against Fox — three times the amount of money he made from promoting counterfeits — is likely secondary to Nike’s main goal: sending a message to other companies that may try to traffic off its image.

“Some marketplaces have made an effort to stem the flow of counterfeits, like Amazon’s counterfeit crimes unit,” Ferris said. “But there are more and more channels popping up like TikTok Shop, Discord channels and peer-to-peer sellers like the old Napster days. It’s become a big challenge for brands.”

To read the full article in Glossy, click here.