The film House of Gucci (2021), directed by Ridley Scott, tells the true story of the family behind one of the world’s most iconic fashion houses. Beyond family drama and power struggles, production touches on a topic highly relevant to the fashion market: counterfeiting.
Although the plot centers on the rise and fall of the Gucci family, the backdrop reveals the trademark’s fight against piracy. A notable moment occurs when Patrizia Reggiani (Lady Gaga) discovers the existence of counterfeit products and brings them to Maurizio Gucci (Adam Driver) for review, highlighting the impact of piracy on the family’s business. Another even more symbolic example happens when an employee arrives happily, showing to Patrizia a “Gucci” bag, she received as a gift from her husband.
This scene encapsulates a problem that goes beyond economics: it reveals how piracy affects the prestige and emotional connection consumers have with a trademark.
The fashion market is one of the most affected by counterfeiting, especially in the luxury segment. Bags, glasses, belts, and even perfumes are replicated with unauthorized use of registered trademarks and industrial designs.
According to the Paris Convention and the Brazilian Industrial Property Law (Law No. 9,279/96), it is a crime to reproduce or imitate, in whole or in part, a registered trademark, or to sell products containing such reproduction or imitation without authorization from the trademark owner, just as it is a crime to reproduce or imitate a registered industrial design.
Luxury trademarks are frequent targets of counterfeiting for several reasons. The high added value of original products encourages many consumers to choose cheaper copies. Moreover, trademarks like Gucci, Chanel, and Louis Vuitton have worldwide recognition, making their products instantly identifiable and, therefore, more attractive to counterfeiters. Finally, the logo of these trademarks carries a strong symbolism of social status, regardless of the origin or authenticity of the item.
The impacts of counterfeiting are broad and directly affect the performance and image of trademarks. Economically, it causes loss of sales, revenue decline, and even devaluation of the trademark in the market. Reputationally, the circulation of poor-quality products bearing the trademark name compromises the perception of exclusivity built over the years.
From a legal standpoint, piracy results in lawsuits, investigations, and police operations, requiring constant legal and administrative mobilization by companies.
To protect a trademark in Brazil and mitigate the damages caused by piracy, especially in the fashion sector, the following measures can be adopted among others:
- Trademark registration at BPTO: Fundamental to obtain legal protection against counterfeiters and enable administrative and judicial actions.
- Industrial design registration: Protects the product design (shapes, patterns, visual elements), which is very relevant in the case of bags, shoes, fragrances and clothing.
- Trademark infringement lawsuits: Based on Law No. 9,279/96, the owner may seek compensation for material and moral damages, as well as seizure and destruction of counterfeit products.
- Complaints and administrative measures: Actions with the Federal Revenue, Federal Police, and consumer protection agencies to seize goods and inspect fairs, stores, and e-commerce platforms.
- Constant monitoring: Specialized services to track counterfeit product sales, especially in marketplaces and social media.
- Awareness campaigns: Educate consumers about the risks and impacts of piracy, not only for the trademark but also for the economy and the buyer themselves.
Thus, it is possible to state that although House of Gucci is not about piracy, it exposes a problem that spans decades and impacts not only the luxury sector but the entire creative industry. In the fashion world, the shine of a name like “Gucci” comes not only from design and quality but also from the constant effort to ensure that consumers take home the true symbol of luxury, not an imitation.
If you own a trademark and wish to protect it against piracy and counterfeiting, it is essential to have proper support to guarantee your intellectual property rights. Our office has a specialized team in combating counterfeiting and piracy of products, contact us to learn about the best legal and administrative strategies.
