Stolen Identity and Stolen Skorts: Cassey Ho's Counterfeit Battle!

Imagine finding out that someone is not only copying your stuff but also messing with your face in a video! That’s precisely what happened to Cassey Ho, a significant name in fitness and fashion. Here’s a closer look at her situation, what intellectual property (IP) rights mean, and how modern legal tools can help.

Cassey Ho is the powerhouse behind Popflex and Blogilates. If you’re into stylish workout gear, Popflex is your go-to for chic and functional activewear. And if you’ve ever followed a fitness challenge or workout video online, you might know Blogilates, Cassey’s fitness brand that’s all about getting you moving and grooving. With millions of followers on Instagram and TikTok, she’s a big deal in the fitness world!

Photo: (Farivar & Ho, Cassey Ho is the CEO and Lead Designer of Popflex. 2024)

Cassey Ho recently encountered a troubling scenario where counterfeit sellers on Amazon used a manipulated video of her modelling the Pirouette Skort. Using deepfake technology, these sellers swapped her face with someone else’s, aiming to mislead consumers and sell a knockoff version of her product. Imagine seeing a video of yourself, but it’s not really you. Creepy, right? It’s like something out of Black Mirror!

Photo: (Farivar & Ho, In a TikTok published earlier this month, Cassey Ho said Begoing swapped her face in a video where she is seen modelling her own clothes. 2024)

Good news for Cassey! She recently earned a patent for her Pirouette Skort. Here’s why that’s a game-changer:

• Exclusive Rights: With a patent, Cassey has exclusive rights to her skort’s design. This means no one else can make, use, or sell it without her permission. It’s like having a VIP pass to protect her awesome design!
• Legal Power-Up: With a patent, Cassey has a stronger legal foundation to take action against those who copy her design. This can include seeking injunctions to halt the sale of counterfeit products and pursuing damages for infringement.
• Global Shield: Patents can be registered in multiple countries, helping Cassey combat international counterfeiters who attempt to sell fake versions of her skort in various markets.

To address the issues of deep fakes and counterfeits effectively, Cassey Ho can consider the following legal actions:

1. Copyright Enforcement: Since copyright protects original works like videos and photos, Cassey can use it to address unauthorized reproductions and alterations of her media. She can file complaints and seek removal of infringing content from platforms.
2.  Right of Publicity Claims: his legal principle allows individuals to control the commercial use of their likeness. Cassey can pursue claims against those who use her image without permission, including in manipulated deepfake videos.
3. Patent Infringement Lawsuits: With her skort patented, Cassey can initiate legal action against counterfeiters who produce and sell copies of her patented design. This can help stop the distribution of fake products and secure damages for the infringement.
4. Trademark Protection: If Cassey has trademarked her brand or product names, she can use trademark law to combat counterfeit goods that bear her brand’s name or logo without authorization.
5. Collaboration with E-commerce Platforms: Working with platforms like Amazon and Walmart, where the counterfeits were listed, is crucial. Cassey can request the removal of infringing listings and collaborate with these platforms to enhance their detection and removal processes for counterfeit items.
6. Legislative Advocacy: Advocating for stronger regulations regarding deep fakes and counterfeit goods can help shape future laws that better protect creators and their intellectual property.

Cassey Ho’s fight against deepfakes and counterfeits shows the importance of staying sharp and protected in the digital world. Thanks to her patent and legal moves, she’s on a mission to keep her designs and likeness safe from tech troublemakers. Keeping up with your IP rights is key if you’re a creator or just a digital citizen. For anyone facing similar issues, getting some legal advice can be a game-changer – Therefore, do not hesitate to contact us with any queries!

References:

Cyrus Farivar, F.S. (2024) Forget counterfeits. Fashion Designers now face a new threat: Deepfakes, Forbes Australia. Available at: https://www.forbes.com.au/news/innovation/fashion-designers-now-face-a-new-threat-deepfakes/ (Accessed: 15 August 2024).

Farivar, C. (2024) This is Popflex’s pirouette skort, in lilac., Forbes Australia. Available at: https://www.forbes.com.au/news/innovation/fashion-designers-now-face-a-new-threat-deepfakes/ (Accessed: 2024).

Farivar, C. and Ho, C. (2024a) Cassey Ho is the CEO and Lead Designer of Popflex., Forbes Australia. Available at: https://www.forbes.com.au/news/innovation/fashion-designers-now-face-a-new-threat-deepfakes/ (Accessed: 15 August 2024).

Farivar, C. and Ho, C. (2024b) In a TikTok published earlier this month, Cassey Ho said Begoing swapped her face in a video where she is seen modeling her own clothes., Forbes Australia. Available at: https://www.forbes.com.au/news/innovation/fashion-designers-now-face-a-new-threat-deepfakes/ (Accessed: 2024).