Abstract
Luxury brands enable consumers to express themselves culturally, socioeconomically, financially, and even ethically. This paper explores the ubiquitous, everyday consumption of counterfeit goods, the various theories related to the issue of curtailing counterfeit consumption, and the corresponding trends in consumer behaviour through the lens of such dynamics as culture, educational attainment, social class, and ethical attitudes. Secondary studies related to consumer intention are utilized to help discern why some consumers behave responsibly, seeking luxury items at often exorbitant cost, while others neglect ethical conduct entirely, seeking counterfeit goods for the sake of retaining or acquiring perceived social status. Analysis herein embeds the intersecting relationship between conspicuous consumption and trademark law (i.e., why people care about brands at all) and the differing social and cultural motives for which consumers value brand prominence, including perceived social/emotional, utilitarian, and economic value. Select Canadian trademark law and jurisprudence is included to reinforce the significance of trademark protection, why the value of brands is important, and how trademark law contributes to sustaining brand value in a marketplace teeming with counterfeit merchandise.
Read the full article, by law student Matthew P. Ponsford, published in the Journal of Civil & Legal Sciences, (2016) 5:1 J Civil Legal Sci 167