This achievement highlights our professionals’ exceptional dedication and expertise in the field of trademark and patent law. We are honored to be acknowledged by the publication and are proud to provide our clients with outstanding trademark and patent services.
This recognition serves as a testament to our commitment to excellence, innovative strategies, and client satisfaction. Our team of experienced trademark and patent professionals has consistently demonstrated their knowledge and skill in navigating complex trademark matters and protecting our clients’ valuable intellectual property assets.
We extend our gratitude to WIPR for this prestigious honor and to our clients for their trust and support. We remain steadfast in our mission to provide top-tier trademark and patent services and look forward to continuing to deliver exceptional results.
What is WIPR Leaders directory list?
“WIPR Leaders is a one-stop guide to the leading IP practitioners in the world. The handbook lists over 2,500 lawyers across patent, trademark, and copyright practices. Following an extensive nomination period, our research team vetted the nominated lawyers for suitability by exploring their work. This meant looking at practice history, industry expertise and notable cases, as well as any additional activities, such as writing and teaching responsibilities, which have allowed the lawyers to shape and influence other and future IP practitioners.”
We are thrilled to announce that we have been awarded the prestigious “Patent Prosecution Firm of the Year” EMEA award in London. This recognition is a testament to our unwavering commitment to excellence, innovation, and client satisfaction in IP.
Boco IP one of the winners.
Karri Leskinen and Jonna Sahlin who were present in the award ceremony commented that “We are incredibly proud of our dedicated team of 35 highly skilled professionals who have consistently gone above and beyond to deliver exceptional results for our clients. Their expertise, diligence, and strategic approach have played a pivotal role in securing this esteemed honor.”
This achievement reaffirms our position as a leader in patent prosecution and highlights our ability to navigate complex IP landscapes, provide comprehensive solutions, and protect our clients’ intellectual property rights with the utmost diligence and effectiveness.
Karri and Jonna stated also that “we would like to express our heartfelt gratitude to our esteemed clients for their trust and unwavering support. It is their partnership and collaboration that has enabled us to achieve this milestone and reinforce our standing as a trusted advisor in the field of intellectual property.
We also extend our gratitude to the esteemed panel of judges and the Managing IP for recognizing our commitment to excellence and bestowing this prestigious honor upon us. This recognition serves as a motivation for us to continue raising the bar and delivering unparalleled service to our clients.”
Boco IP’s Chairman of the Board Mrs Jonna Sahlin and Boco IP’s Managing Director Mr Karri Leskinen were present at the gala.
Dupes are legal and openly marketed as alternative options to the original products, often at a lower price. They are intended to provide a similar experience or aesthetic appeal at a more affordable price. Manufacturers of dupes typically market their products openly as alternatives or “inspired by” certain brands or products. They do not claim to be the original products and often have their own branding or labeling to avoid confusion. This means that they are legitimate products, as long as they do not infringe on any copyright, trademark, or patent rights of the original products.
Counterfeits are unauthorized replicas or copies of branded products which are produced with the intent to deceive consumers into believing they are purchasing genuine items. Counterfeit products are designed to mimic the appearance, logos, trademarks, and packaging of the original products, aiming to pass off as authentic. Counterfeits are illegal, since they involve unauthorized copying or replication of protected intellectual property, including trademarks, logos, and copyrights. Producing, selling, or purchasing counterfeit products can result in legal penalties.
Unfortunately, not many people understand the difference between look-alike dupes and illegal counterfeits.
In recent years content around dupes has surged especially on TikTok: The hashtag #dupe has now gained more than 3 billion views on the app. A lot of bloggers and influencers are actively promoting copycats – both dupes and counterfeits. Finding dupes has escalated into one of the most popular trends in 2023 and TikTok functions as an effective dupes search engine.
Why dupes?
The reasoning behind dupes is that anyone can climb the social hierarchy of popular designer items by taking a shortcut with a dupe. The attraction of a product dupe is to get a desired look for less, and also to spread the details of the made purchase. The aim of a dupe is to recreate the product or look as closely as possible, but at a significantly lower cost.
Non-branded goods, be it clothing, accessories or cosmetics, have long been seen as a definite no-no. While cheaper brands have always existed side by side with designer and branded products, especially in the fashion scene, dupes have never been so openly worn before. It has become an achievement and especially cool among young people born between the late 1990s and the early 2010s, to find and share the dupes of expensive designer goods. And TikTok is the platform to share all those dupes on with likeminded people. The platform has become a hub for trends and viral challenges. Just about any content where you present alternatives to desired designer items seem to gather views on TikTok. Gen Z has realized that presenting dupes is a successful way to create content.
The format of TikTok, with its short and engaging videos, makes it easy for creators to quickly showcase and explain dupes in an accessible and entertaining way. As a result, TikTok has become a go-to platform for users seeking budget-friendly alternatives and hacks, and the platform has greatly contributed to the rise of the dupes culture.
It is understandable that the dupes trend has become so attractive among the most active TikTok users who range from Gen Z to millennials. These age groups are focused on continuously giving out a perfect image on social media, and a person’s outer appearance and style has become a significant trait. These generations are tirelessly following fashion trends, but do not necessarily have the income to buy original designer goods or high-end brands. Their affordability makes dupes attractive to consumers who want to achieve a similar look or experience without paying a premium price. Dupes often emerge in response to popular trends or cult-favorite products. As consumers become interested in a particular item, demand for more affordable alternatives naturally arises. Dupes are accessible to everyone, irrespective of social standing or budget.
Dodgy dupes
Even if the popularity of dupes has soared, there are undoubtedly challenges related to the dupes culture. Fashion and appearance trends are constantly changing, and retailers, e-commerce marketplaces and fast fashion sites such as Shein, Amazon, DHGate, AliExpress and Taobao are more than happy to offer cheap low-quality goods to satiate this endless need. Unfortunately, without meeting environmental or social standards. The party to gain most from the dupes is the fast fashion industry. It is well-known for its lack of environmental and social responsibility.
As we cannot buy high-end versions of every fashion or cosmetics trend, consumers turn to cheaper, less reputable brands. In doing so, we forget all our original principles about product quality and design to stay on top of trends and present the perfect online image of ourselves.
Content creators and influencers get more views and followers when they are continuously presenting new and desired styles. It seems that in spite of the received criticism for the impact on the environment and the allegations of mistreatment of workers, fast fashion sales and the number of views are ever increasing. Dupes promote this toxic culture.
In a dupes culture, there is a diminished emphasis on originality and innovation. When people prioritize duplicating existing ideas or content, it stifles creativity and limits the development of new and unique contributions. A dupes culture may also inhibit progress by discouraging individuals from exploring new possibilities and instead favoring replication of what already exists. When duplication is ranked higher than originality, it leads to a proliferation of low-quality imitations. Focusing on quantity rather than quality can result in a lack of diversity and a homogenization of ideas and products. If duplication is encouraged and even celebrated, the efforts of individuals who have invested time and effort into developing and designing unique products become undervalued.
It has been said that unlike other creative sectors, there are rarely legal consequences for copying a design. If dupes are not technically counterfeits, should brands even be concerned? An increasing number of young content creators on various social networks are promoting not only acceptable dupes, but blatantly counterfeit goods and the videos “unboxing” these goods get millions of views. This way influencers shape the perception of dupes and counterfeits as being trendy, sassy and not at all harmful.
Plagiarism and varying degrees of intellectual property violations are indisputably consequences associated with dupes. If people are encouraged to copy or reproduce without proper authorization, it undermines the rights of creators and can definitely have legal consequences. Even if all dupes are not directly illegal, they can be at least morally dubious and have an impact on the original brands in the form of financial losses.
Ways to overcome problems associated with dupes
One way to overcome the problem with dupes is to increase public awareness about the negative consequences of dupes and to encourage consumers to make informed choices. We have to educate consumers about the importance of supporting original designs, the value of craftsmanship, and the impact of infringing products on each industry sector and its workers. We must shift people’s attention and make it attractive to both design and use quality goods. A recent article stated that the number of clothing items that it would be environmentally sustainable to purchase, is 5 items a year. This number should be something for all of us to strive to achieve.
Further, we should make it socially acceptable to support a version of dupes that just takes inspiration from a certain design without copying it directly. Enabling collaboration between designers, brands and manufacturers to create affordable fashion and other product lines for a wider range of consumers, would also help to bridge the gap between design items and affordable options. Especially fashion brands need to adopt ethical and sustainable manufacturing practices and to promote transparencyor risk fake products becoming even more trendy among the younger generations.
We should also strengthen intellectual property legislation and enforcement practices to protect original creations. Encouraging designers and fashion brands to actively register their trademarks and copyrights whenever possible, would make it easier to identify and take legal action against infringing products.
Laura Roselius is a Partner and IP Lawyer at Boco IP Oy Ab
We are thrilled to announce Boco IP’s Chairman of the Board, European Patent Attorney Jonna Sahlin has been named on the “Top 250 Women in IP” 2023 list by Managing Intellectual Property (MIP). This publication recognizes senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year and Jonna is one of only three practitioners to be recognized in Finland this year.
According to MIP’s IP stars: “the practitioners recognised in the “Top 250 Women in IP” publication are selected from MIP’s IP Stars list for the year. When deciding who to select for the Top 250 Women in IP publication, their research analysts took account of all the available research information, especially data from firm questionnaire and surveys, obtained for the IP STARS rankings and Managing IP Awards programme. ”
Boco IP is one of the oldest firms in Finland to specialize in the management of intellectual property. Since 1928, Boco IP has been assisting clients with intellectual property rights. With a team of experienced professionals and a global network of partners, Boco IP provides comprehensive IP solutions tailored to the clients’ unique needs.
We are thrilled to announce that Boco IP has been shortlisted for the prestigious “Top Intellectual Property Firm of the Year” award by Managing Intellectual Property (MIP) in their annual awards program. Boco IP was shortlisted in the patent prosecution and trademark prosecution categories (Finland).
MIP recognizes excellence in the IP industry and celebrates the achievements of outstanding firms and professionals. Being shortlisted for this esteemed award is a testament to Boco IP’s exceptional expertise, innovative approach, and commitment to delivering high-quality services to our clients.
This recognition reflects the dedication and hard work of our talented team of IP professionals who consistently strive for excellence in protecting and maximizing the value of our clients’ intellectual property assets. Our innovative strategies, client-centric approach, and successful track record in handling complex IP matters have contributed to our strong reputation in the industry.
The winners will be announced at the MIP Awards ceremony, which will take place on June 21st, London, UK. This event brings together industry leaders, legal professionals, and IP experts from around the world to celebrate the achievements of the most outstanding firms and individuals in the IP field.
We would like to extend our gratitude to our valued clients for their trust and support, as well as to our dedicated team whose expertise and hard work have made this recognition possible.
We look forward to the awards ceremony and the opportunity to connect with fellow professionals in the IP community. Our commitment to delivering exceptional IP services remains unwavering as we continue to navigate the ever-evolving landscape of intellectual property.
This achievement is a testament to our dedication, expertise, and commitment to providing exceptional services to our clients. There are only two firms in this Tier 1 2023 Trademark Prosecution category in Finland.
Our team of experienced patent and trademark attorneys has worked tirelessly to ensure that our customers receive the highest quality of legal representation in all aspects of intellectual property law. We take great pride in our ability to provide tailored solutions that meet the unique needs of each of our clients.
Managing Director Karri Leskinen commented that “Being recognized as a Tier 1 firm in this IP Star survey is a significant honor for us, and we are deeply grateful to our clients for their trust and support. We will continue to strive for excellence in everything we do and remain committed to delivering outstanding results for our clients. We want to thank our clients and devoted personnel for their continued support”.
In the past, trademark owners have repeatedly tried to hold online marketplaces liable for trademark infringements that take place on their platforms. Earlier the matter has circled around the interpretation of the term “use”. The term is not further explained in the EU Trade Mark Regulation. Some manners of use are mentioned, but the Regulation does not contain an exhaustive list of conduct or actions to be described as trademark use. So far, the operator of a marketplace or platform has been liable for any infringement only if the trademark has been used. Previous decisions have confirmed that the mere operation of an online marketplace is not sufficient to be considered trade mark use.
Facts of the case
In a landmark decision for trademark owners, (CJEU 22.12 2022, Christian Louboutin v. Amazon, C‑148/21 and C‑184/21), the French luxury shoe designer Christian Louboutin accused Amazon of a uniform and misleading way of displaying any search results and products in trademark infringement proceedings before the courts of both Luxembourg and Brussels. The action was brought as Amazon regularly displayed advertisements for goods which infringe Louboutin’s iconic red-soled stiletto, which is registered as both an EU and Benelux trade mark.
Mr. Louboutin argued that by displaying advertisements of shoes bearing a red sole on its online stores as well as by stocking, shipping and delivering the infringing goods to the end consumers, Amazon had used his trade mark without his consent. Louboutin claimed that while Amazon was not selling the counterfeit products directly themselves, they were involved in the distribution, storage and advertising of those products as well as in presenting the infringing products on its platform in the same manner as products sold under Amazon’s own name. Both national courts decided to suspend their proceedings until the CJEU had answered their preliminary questions.
The questions referred to the CJEU were whether Amazon could be held directly liable for using the trademark, where a third-party seller places an advertisement for counterfeit products on the Amazon platform. Could such third-party trade mark infringements constitute “use” of a trademark?
In its judgement, the CJEU has finally given guidelines for assessing the liability of an online marketplace. The CJEU held that operators of online marketplaces could be held directly liable for third-party advertisements. Users could mistakenly think Amazon themselves are selling shoes on behalf of Louboutin, particularly when Amazon displays its own logo on the third-party sellers’ advertisement, and also stores and ships the shoes to their end users.
Multiple factors are listed in the decision as examples of circumstances in favour of online platform liability:
Uniform presentation of all offers by displaying platform’s own advertisements alongside those of third parties and adding the logo of the online marketplace to those advertisements.
Platform operator offers additional services to its third-party sellers (presentation of advertisements, storage and dispatch of goods).
Offering customer care services (responding to buyer enquiries, handling returns) to third-party sellers.
Labelling your own as well as third-party goods as “bestselling”, “most requested”, “most offered” without distinguishing between goods according to origin.
Practical implications of the decision
The CJEU has provided widely followed and useful guideline as to when online marketplace operators should be held liable for trademark infringement by third parties. The decision allows trademark owners to take action, not only against the original infringers, but also against those who assist in the online distribution of infringing products. Brand owners will welcome this decision in their ever-ongoing fight against counterfeit goods online. It signals a departure from the earlier approach, where the operator of an online marketplace was considered not to be “using” the infringing trademarks.
Amazon now has a responsibility to ensure that it can no longer just stand by and allow trademark infringement to take place on its own platform. Online platform providers need to consider how their marketplaces will be perceived by users and it should be evident when products are being sold directly, and when they are sold by a third party. The decision also shows the risks of allowing third-party vendors to advertise and sell (counterfeit) products via online marketplaces.
We will of course have to wait and see how the national courts will apply and interpret the decision. It is, however, likely that the decision will have clear-cut implications for Amazon’s own business. The decision should prompt also other online marketplace operators to re-design their websites and carefully consider the layout of their platform to ensure that users are able to distinguish between goods sold under the operator’s own name and those sold by third parties on the same marketplace.
Laura Roselius works as an IP Lawyer and Partner at Boco IP.
World Trademark Review (WTR 1000) rankings for 2023 have just been published and there is a lot to celebrate as Boco IP is again ranked as one of the leading trademark firms in Finland.
Boco IP’s trademark practice and IP Lawyers are recognized in the 2023 ranking with the following words: “Tapping into its international network, Boco IP can solve all intellectual property issues, no matter where in the world the problem lies. The team are super organised, efficient and professional – they are simply irreplaceable.”
“Partners Peter Åkerlund, Elina Heikkilä and Laura Roselius offer A–Z IP assistance to their loyal clients. The team have filed impressive numbers of applications this year while also negotiating favourable agreements to protect IP rights. Heikkilä is “a great communicator and efficient in reacting to possible infringements of our marks; she provides detailed legal advice on how to react, so we can make the best decisions”. While Roselius earns enthusiastic praise for being “supportive at every stage of the process. She is a pleasure to work with, as she is responsive, pragmatic and clear cut in her legal advice.”
The results once again confirm Boco IP’s position as a high-quality expert in the trademark field.
World Trademark Review WTR is an independent publication in the Intellectual Property field that researches and ranks leading trademark professionals in over 80 jurisdictions.
Boco IP’s IP trademark professionals can be reached at the following addresses:
Elina Heikkilä IP Lawyer, Partner elina.heikkila@bocoip.com +358 9 6866 8415 LinkedIn
Jerry Härkönen IP Advisor, IP Lawyer jerry.harkonen@bocoip.com +358 9 6866 8433 LinkedIn
Mari Nieminen IP Legal Trainee mari.nieminen@bocoip.com +358 9 6866 8431 LinkedIn
Laura Roselius IP Lawyer, Partner laura.roselius@bocoip.com +358 9 6866 8456 LinkedIn
Peter Åkerlund IP Lawyer, Partner peter.akerlund@bocoip.com +358 9 6866 8413 LinkedIn
IAM Global Leaders list ranks the world’s top private patent practice experts. As per the IAM Global Leaders announcement “To be considered to be included in the guide, individuals must be ranked in the gold tier of the IAM Patent 1000 – the market-leading annual directory that identifies the top law and attorney firms and individuals in the world’s most significant patent jurisdictions.”
Chairman of the board and Partner Jonna Sahlin consults clients in the field of chemistry in prosecution, in oppositions as well as different kinds of IPR strategy matters. Her ability to provide solid, well-founded advice in combination with her collaboration skills are often complimented by her clients.
As a former Chairman of the Association of Finnish Patent Attorneys (2010-2013) Jonna has actively contributed to the patent field in Finland. She is a qualified European Patent Attorney and since 2017 council member of epi as well as member of epi’s Professional Conduct Committee. In 2020 Jonna was appointed as an External Expert member in the Finnish Market Court.
Jonna Sahlin
Karri Leskinen
Managing Director and Partner Karri Leskinen runs the company, but he also devotes great deal of his time to client work, especially opposition work and patent litigation cases as well as statements on patent rights in general. His deep knowledge in patent matters is highly appreciated, and clients turn to him for his perception of difficult patent law interpretation questions. Karri has a wide-ranging experience in working as a patent attorney and clients seek for his advises on IPR strategy issues, technology transfers and M&A cases, where IP issues are relevant. Karri is a qualified European Patent Attorney, and he also acts as an expert member of the Finnish Market Court (specialized IP Court).
The criteria for the list are that this small group of merited patent professional has expertise and experience related to creating, protecting, managing, transacting and enforcing critical patent rights and they are able to innovate, inspire and go above and beyond delivering value to clients.
European Patent Attorney and Partner Tomi Salter deals extensively with the protection of various technical solutions, in particular he works with patent prosecution of various machines and equipment, as well as inventions related to control thereof. In addition, he provides reports related to patentability of inventions and freedom to operate, as well as infringement and invalidity.
Jerry Härkönen, Trademark Rising Star 2022
IP Lawyer Jerry Härkönen is an EU Trademark and Design Attorney. He supports both Boco IP’s Sales and Marketing and IP Legal teams. He has experience from several IPR companies and I specializes in brand protection in a variety of ways. In addition, he is an active IPR-trainer and lecturer.
Tomi Salter and Jerry Härkönen Rising Stars in MIP IP Stars 2022.
Earlier we informed that four of our professionals were chosen for the IP Stars individual ranking list as follows:
Jonna Sahlin, Patent Star 2022, Top 250 Women in IP 2022
Chair of the Board, Partner, European Patent Attorney Jonna Sahlin assists in various matters related to intellectual property rights and strategy, especially in the fields of chemistry, process technology, medicine, and diagnostics. In addition to prosecution of applications, Jonna, drafts oppositions, freedom-to-operate analyses, and statements on the interpretation of patents. Since 2017, Jonna has represented Finland as a council member of the Institute of Professional Representatives before the European Patent Office (epi) and as a Finnish member of the epi’s Professional Conduct Committee (PCC).
Christian Westerholm, Patent star 2022
Partner, European Patent Attorney Christian Westerholm drafts patent applications and takes care of the prosecution of patent applications. He also handles opposition proceedings before the Finnish Patent Office and the European Patent Office and he has an extensive experience of oral proceedings at the European Patent Office. Christian handles utility model applications as well as design rights applications and prepares statements for various kind of IPR’s. He also has experience in IPR licensing negotiations and acquisitions.
Karri Leskinen, Patent Star 2022
Managing Director, Partner, European Patent Attorney Kari Leskinen works as both CEO and patent attorney. Karri is active in the design and implementation of clients’ IPR strategies. With regard to assignments, he has focused especially on the handling of opposition cases in Finland and at the European Patent Office. He acts as an expert in patent litigations, draft opinions and advises on patent law matters.
Peter Åkerlund, Trademark Star 2022
Partner, IP Lawyer Peter Åkerlund helps clients to create strategies for the protection of brands, designs and other intangible assets. Peter conducts risk analysis’ related to the use and registration of trademarks and handles trademark registration and design protection worldwide. He also advises on contractual matters related to Intellectual Property and acts as clients’ representative in negotiations, and deals with trademark and design infringements, prosecutes trademark oppositions and trademark and design cancellation procedures, and handles disputes related to domains.
More information about the results can be found here:
