Luxury’s Superfake War Is About More Than Logos -By Fransiscus Nanga Roka

A fake bracelet is no longer delivered in flimsy plastic bag. It could be real gold, real diamonds and it costs like an heirloom. The evolution from straightforward copy, through pricey “superfake” is far more important than the Manhattan Diamond District alone to understand why Richemont International SA v. Malidani Jewelry Corp. matters.

Richemont, Cartier and Van Cleef & Arpels filed suit against New York jeweler Malidani July 30, 2025 in the US District Court for the Southern District of New York. The lawsuit accused the other jewelry maker of countersuing on trademarks and trade-dress infringement, volume design patent infringement and unfair competition against Cartier’s LOVE and Juste un Clou collections as well as Van Cleef’s Alhambra products.

The so-called “how” was commercially daring. They sell jewelry that closely approximate protected shapes, motifs and other brand identifiers—not as cheap knock-offs but as high-end replacements. Richemont price of $ 1,500 to $ 9,000: about $ 2,800 for a LOVE bracelet imitation, $ 3,900 Juste un Clou-style and as much as $ 6,000 a Alhambra style. Products were reportedly sold on the premise that they were indistinguishable from real jewelry.

This pricing is legally significant. Two stones and a $30 fake tell you how far it will never be to Cartier. More than that, because the replica is only $6,000 and would still be able to last in Cartier’s market as well as saddle through resale markets and mislead later purchasers even if the ultimate purchaser understood it was illicit. No real diamond ever turned an imitation identity into its own concept. Counterfeiting is a commercial source problem rather than simple material quality one.

So the luxury conglomerates would be best off not calling every visual echo theft. Trademark: Source identification; Trade Dress: All distinctive nonfunctional presentation shown on the goods; Design Patents: Designs claimed to be ornamental for limited periods. Sure, nobody gets lifelong ownership of geometry itself. But if enforcement goes from copied marks and protected configurations to things like monopolizing every nail, screw or quatrefoil, the intellectual property law is no longer stopping deception: it is privatizing an aesthetic vocabulary.

The case concluded with a consent judgment (as opposed to a jury verdict following contested factual findings) entered by Judge Loretta A. Preska on July 7, 2026. The federal and other common-law claims asserted by the plaintiffs was enetered accordingly. Malidani consented to a permanent injunction, payment of $205,000, destruction of infringing inventory still in Malidani’s possession within five days and photographic or video evidence within seven days. The court maintained jurisdiction to hold violations in contempt.

It is therefore misleading to say that Malidani was “found guilty”: this was a civil case settled by an agreed judgement, not a criminal conviction. However the injunction does have real teeth and the settlement indicates that premium materials, “custom” labels and transparent imitation do not protect against commercial clones.

This is a battle over trust writ large. Superfakes undermine authentication, skew resale prices and shift costs of detection to consumers. But luxury houses did play a part in making this market by turning artificial scarcity and massive markups into the definition of prestige. It can kill off inventories, but it cannot eliminate demand.

Richemont and its competitors should establish digital provenance records associated with serial numbers, repair log-ins and ownership transfers that are interoperable. Resale platforms need to authenticate high-risk items, retain seller-identification data and offer expedited notice-and-takedown processes. Clearly, Customs agencies need database of image databases for trademarks and trade dress and design patents. Make sure to include preproduction IP clearance and document original design development (especially important for independent jewelers).

Third, courts must require precision claim by claim. Keep consumers safe from fake source but do not let luxury power fake the ownership of creativity itself.

Fransiscus Nanga Roka

Faculty of Law University 17 August 1945 Surabaya dan Managing Partner Law Firm Victorious Indonesia