Pole dancing. It's all the rage right now. Combining
a slight sense of naughtiness with a damn good workout and the
promise of tight glutes, pole dancing is gaining some serious
traction and is big business.
So much so, that fake poles are hitting the streets and the
The aptly named Vertical Leisure and Dance4me sell the
market-leading brand of pole dancing equipment known as
"X-Pole". As with many major brands, they are often the
target of counterfeiters. This is especially so for high demand and
high margin products.
Enter Skyrunner. They were selling X-Poles for much less than
the RRP. Probably too good to be true.
After conducting a trap purchase from Skyrunner, Vertical
Leisure and Dance4me discovered that Skyrunner was selling
counterfeit X-Poles, instructional DVDs and marketing material.
Not only were the X-Poles fake, they were dangerous and likely
to snap during use. Nobody wants to be impaled mid-dance.
Enter the Court. Skyrunner was ordered to pay $44,800 in lost
profits, $50,000 for damage to Vertical Leisure and Dance4me's
reputation and $300,000 in additional damages as punishment for
Counterfeiting is no longer confined to dodgy Saturday markets.
It's widespread. But there are some powerful weapons available
for combating it.
Preventing the importation of counterfeit goods is most
effectively dealt with at Customs. If you're concerned about
counterfeit goods, you can lodge a notice with Customs. They'll
seize goods suspected of being fake – but to be honest, they
don't really have the resources to catch a lot of it.
The courts have shown they are willing to award more than just
damages for a provable loss to a business. Awards for intangible
losses, such as reputational damage, and big awards of additional
damages in order to punish and deter counterfeiters, are
$300,000 for poles seems like a step in the right direction.
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