It’s not often in this business someone’s asked me for a knockoff. As I think about, it has never, in our ever-lengthening tenure that such a thing has occurred. What has happened, however, is our having to break the news to a client that something they purchased in good faith as the genuine article was, in fact, not. Fortunately, no such item that I was ever called on to evaluate has been anything that cost the client a lot of money. The client, after some mutterings, has invariably chosen to take having been taken on the chin. It has often seemed to me, therefore, that this is why customers of online sales platforms do not rise up en masse. For us, the silver lining is that a number of these sadder but wiser buyers will then eschew auctions- whether virtual or actual- altogether, and give their trade, if it is antiques they are after, to a proper antiques dealer.
Though erstwhile buyers have not arisen as a class seeking redress, legal action on the part of luxury goods manufacturers, knockoffs of whose branded merchandise is sold with apparent impunity in online auctions, proceeds apace. Online sites have maintained that it is the responsibility of the luxury goods manufacturers themselves to police their brands. Oddly, some courts have agreed with them, but some have not. The luxury goods manufacturers claim, reasonably enough, that the auction sites, collecting as they do a sales commission on the sale of knockoffs, are therefore culpable.
One of our many memories of foreign travel is one that occurred very early on, when a group of us visited China, Hong Kong and Korea. While Keith and I spent our time trying to suss out Asian antiques, some in our party were keen to find ‘deals’ on knockoff merchandise. Upon returning to San Francisco and making our way through US Customs, the customs officers gleefully confiscated every bit of knockoff merchandise our friends’ brought in. I would venture to say that all of my 20 or so devoted readers have at least one similar tale to tell. Moreover, for how long can a retail establishment operate selling knockoffs before it’s shut down? Why, therefore, does our otherwise vigilant government allow the open and public sale of knockoff merchandise in another forum when it is otherwise so vigorously sanctioned?
It is this general inconsistency that is being pursued in courts here and abroad that, I hope forces online sites to maintain the same level of diligence and integrity that are required of the rest of us. Not to sound pompous (Keith tells me I always do, but given my farm background, I consider myself down to earth) but integrity is our stock in trade. Dollars may be the thing that makes the difference, with the high number of smallish transactions involving knockoff goods perhaps making it impractical for law enforcement to do anything about them. But given the whopping size of the largest of the online platforms, it might be that they have a larger legal war chest with which to fight- derived at least in part, ironically, from the sale of knockoff merchandise.



