The impact of Pingti on luxury brand protection strategies

By blurring the line between counterfeiting and legality, the phenomenon of ‘Pingti’ is shaking up the world of high-end goods. Férielle Metekalerd explains what a Pingti is and what the quiet luxury trend means for luxury brand protection strategies.  

In the world of luxury, an intriguing phenomenon is gaining popularity: Pingti. The term describes any product – often bags, clothing, or accessories – that faithfully imitates the aesthetics and quality of luxury products, but without displaying a logo or brand. Unlike traditional counterfeits, Pingti claim no affiliation with a renowned brand, thereby blurring the lines between counterfeiting and legality. While the Pingti phenomenon is well known in China, it is now spreading to Europe, causing concern for luxury brand owners.  

What is a Pingti?  

Meaning "decoy" in Mandarin, Pingti are copies of luxury products, reproducing high-end designs, materials and finishes. Sometimes, in China, these copies come from the same suppliers as those of the big luxury brands. However, Pingti are distinguished by the absence of branding or logo, thus escaping the complaint of trademark counterfeiting.  

Pingti and the quiet luxury trend  

Widely popularised by social media and specialised forums, Pingti products attract luxury lovers thanks to their impeccable quality and highly competitive prices, which can be up to 10 times cheaper than the original items they imitate. The absence of branding or logos also attracts the growing number of fans of "quiet luxury". Paradoxically to the quiet luxury trend, these products can be easily purchased on online trading platforms such as Alibaba or Temu, worrying major luxury brands, which are seeing their sales figures decline.  

A grey area between counterfeiting and legality  

While unauthorised reproduction of a registered trademark constitutes a clear act of infringement, the absence of a trademark/logo on Pingti products complicates their legal classification. As a result, it can be difficult for brand owners to demonstrate direct infringement of a registered trademark.  

Key takeaways for luxury brand protection strategies  

There are various tools and approaches that luxury brand owners can employ to combat the Pingti phenomenon, including:  

• Filing design rights to strengthen the protection of the form and appearance of their creations and updating luxury brand protection and anti-counterfeiting strategies to enable prompt action based on such rights. Note, however, that certain product designs are considered generic and cannot benefit from specific legal protection, therefore; 
• Claiming copyright infringement, if the work is original and can be considered a protected work; 
• Strictly regulating contractual relationships with manufacturers and suppliers by using exclusivity and confidentiality clauses; 
• Filing patents to protect the new technical aspects of their innovations; 
• Strengthening market surveillance using online brand protection tools and working with customs authorities to intercept suspicious products; 
• Initiating legal actions based on unfair competition/parasitism/passing off for any Pingti product seeking to piggyback on your brand’s notoriety.  

By combining quality and accessibility, the Pingti phenomenon represents a growing challenge to the goods, reputations and profits of luxury brand owners. Fortunately, those brand owners have the tools at their disposal to defend themselves against Pingti products.   

To find out more about Pingti, the quiet luxury trend and how to update your luxury brand protection strategy, speak to your Novagraaf attorney or contact us below.  

Férielle Metekalerd is a Trademark and Design Attorney based at Novagraaf in Paris.