Copies, counterfeits and imitations of designer furniture, distinguish the fake from the real

In the field of designer furniture and more particularly that of the works of great creators who have become timeless icons of design, sometimes called “design classics”, there are numerous pitfalls and false “true” ones.

Distinguishing fake from real when purchasing designer furniture is not every buyer’s primary concern. Very often, the buyer wants (consciously or unconsciously) to purchase an imitation because of their budget, but some consumers buy with discernment and high standards, wanting an original and authentic piece.

Would you settle for an imitation, a copy, a reproduction or a counterfeit of an iconic designer piece of furniture or would you rather look for an original work with all the guarantees of a publisher and high-end manufacturing?

The inspiration for this article came from a recent request from someone who thought they had the same SPIN armchair that we offer in their home. His armchair was broken, we examined it through an exchange on the telephone and via the transmission of photos… it turned out that his armchair was a copy of our SPIN armchair by German designer Martin Ballendat, his being made in India while the authentic product is made in Austria.

What are the most copied furniture designs in the world?

The articles on this subject (real or fake designer furniture) visible on the internet almost exclusively take the example of design icons which are the most copied models throughout the world.

Here is a list of chairs and armchairs from well-known designers which are the most copied models in the world with, in parentheses, the name of the publisher or manufacturer making authorized and official reproductions. You will see that these models all date from between 1920 and 1958.

Barcelona armchair by Ludwig Mies van der Rohe, 1929 (Knoll)

LC2 armchair by Le Corbusier, 1920 (Cassina)

Chaise Wishbonne by Hans J. Wegner, 1950 (Carl Hansen & Søn)

Eames DSW chair by Charles and Ray Eames, 1950 (Vitra)

Eames Lounge Chair & Ottoman by Charles and Ray Eames, 1956 (made by Miller Knoll and Vitra)

Egg chair by Arne Jakobsen, 1958 (design by Fritz Hansen)

Chaise Tolix de Xavier Pauchard, 1934 (Tolix)

Coffee table by Isamu Noguchi, 1934 (production by Vitra)

SPIN chair by Martin Ballendat, a contemporary design already massively copied

In order to bring a new perspective to this debate we will illustrate this article largely with copies and imitations of our SPIN chairs and armchairs by Martin Ballendat. The unique shapes of the SPIN model captivate the attention of Internet users who love different designs and unscrupulous manufacturers quickly understood the benefit of reproducing and marketing it.

Myths and realities in protecting a furniture designer’s copyright

A myth in the furniture industry: the 30% rule

Through our fifteen years of experience in the purchase and manufacture of high-end furniture, we have often heard furniture professionals mention the famous 30% rule. According to this standard governing intellectual property and copyright relating to a work, it would be enough to modify a piece of furniture by 30% or more compared to the characteristics of the original model. Asian furniture manufacturers tirelessly repeat this rule as an established fact, legally valid and with existing case law.

This 30% rule is a myth and does not exist in reality. A manufacturer who would make slight modifications to a piece of furniture in order to modify a small part of its characteristics would not be able to obtain a new and different piece of furniture that would respect the copyright of the original piece of furniture.

The legal framework regarding unauthorized copies of furniture

In July 2016, both the European Union and the United Kingdom changed their copyright laws. From now on, you have to wait 70 years after the death of the creator and designer of a piece of furniture before you can produce and market unofficial reproductions of this piece of furniture. This regulation primarily aimed at “exact” copies and not “imitations” or “inspirations”.

Course of legal proceedings for copyright infringement and unauthorized reproduction

The course of the proceedings at the High Court of The Hague on August 14, 2015, during a hearing relating to an illegal copy of a piece of furniture, is very revealing about what is important for a Judge.

During the procedure, the judge will compare the original design with the counterfeit furniture. The judge will check whether the furniture creates the same overall impression.

Can buyers see the difference between furniture? Are the differences so big that they influence the purchasing decision?

To answer these questions, the judge will look at different characteristics such as the size, materials used and colors of the furniture.

Does the counterfeit product create the same impression as the design? If this is the case, then it is an offense. The owner of the design is therefore justified in his approach. The counterfeit furniture must be removed from the market.

The copier’s defense will argue its case by invoking the invalidity of the design right as a defense. To do this, the copier’s lawyers will try to argue that the plaintiff’s design is not new and does not have individual character. The design of the model would not be creative enough and would fit into the design of existing furniture on the market. The complainant could therefore not assert copyright on its undifferentiating design…

The court will have to evaluate the arguments of the copier’s defense. To do this, the court will look at what is called “design heritage”. Design heritage is the conception and design of all existing furniture. The judge will therefore examine whether the impression of the plaintiff’s design differs from the general impression provided by the existing furniture. The judge will answer the following questions:

How does the model differ from other furniture already on the market?

How new is something designed?

If the court finds that the design is new and has individual character, the furniture is protected by design law and the accused has violated its copyright.

What are the different types of “fake” furniture that you may encounter in the furniture trade?

A copy of a designer piece of furniture

A copy of a designer piece of furniture is generally a piece of furniture made to reflect as faithfully as possible a piece of furniture by a known designer or a piece of furniture that captures the attention of consumers. Intended to appeal to design enthusiasts whose question of price exceeds the importance of the “authenticity” dimension, this type of furniture is made with less sophisticated means and poor quality components and materials.

An imitation of designer furniture

An imitation of designer furniture is also a version tending to reproduce the visual appearance of a piece of furniture with a design known and popular with design enthusiasts. In a piece of furniture imitating a known work, certain differences are considered acceptable and may reflect a part of the imitator’s free interpretation or simply derive from their inability to master certain stages of production which prove too complex for a production low-end of a piece of furniture which is only a pale imitation of an original piece of furniture.

A counterfeit piece of designer furniture

A counterfeiting of designer furniture corresponds to a much more pernicious approach since it involves reproducing all aspects of authentic designer furniture (labels, signature, distinctive marks of the author and/or publisher) in order to deceive the buyer into thinking that he is truly purchasing an original work or an official reproduction authorized by the intellectual rights holders.

A fake designer piece of furniture

There is also the possibility of encountering a fake designer piece of furniture, in this case, it is a piece of furniture made in the spirit and artistic style of a known designer, without attempting to reproduce an existing work, while passing it off as one of his works by associating his name and other characteristics common to his other creations.

What are the advantages of buying authentic designer furniture?

1) The history of furniture and its author

Each original designer piece of furniture has a story and reflects the creative journey of its author. By purchasing a piece of furniture with an authentic design and made by a manufacturer with reproduction rights, you will ensure the incomparable daily pleasure that an original work provides. In addition to its silhouette, its presence and its quality, the essence, history and personality of the author will emanate from this original work.

2) Flawless quality

Made with the best components and designed to last, the quality of designer furniture rises to the forefront of authentic high-end furniture and leaves pale imitations to fans of “ fast-furniture ”, low-end copies, and the defects they contain, being destined to shortly clog up the saturated recycling centers in France and elsewhere.

An authentic piece of furniture made by a high-end manufacturer will present an incomparable quality of execution and finish and very often beyond the reach of the vast majority of furniture copiers. This video of the manufacturing in Italy of the Butterfly table from design studio Nucleo + is very telling:

The lure of making substantial savings when furnishing a restaurant often leads decision-makers (owner, purchasing director, decorator, etc.) to make choices that will inevitably pay off sooner or later. Choosing an unofficial copy as a restaurant chair will lead you to a rapid and visible deterioration of your chair stock. Many of the “high-end” establishments that we visited were equipped with imitation furniture with visible deterioration, giving a poor impression to their customers.

3) Positive action for the future of design

Promote and contribute to original design and honest business practices

Authors will be remunerated and new vocations will be more numerous if the market for authentic furniture remains desirable for consumers and this translates into a legitimate trade that respects copyright.

By purchasing authentic pieces you allow publishers and manufacturers to have a return on investment on innovations and manufacturing new and daring designs for fear of copies and poor financial returns.

4) Increased protection against accident risks and dangers to your health

The manufacture of original designer furniture involves choices of components and materials which are not guided by the lure of quick profit but by the desire to create a piece of furniture of great value. We can therefore demand all the advantages in terms of safety and non-toxicity from high quality furniture.

5) Ability to have competent after-sales and repair service

Although it is of very good quality, authentic furniture can suffer damage (cat claws, liquids accidentally spilled, etc.). Finding the component you need or having your furniture repaired will depend on the seriousness of the retailer and the manufacturer. When it is an authentic piece of furniture purchased from an official dealer, this should not be a worry. In the case of a copied and mass-produced piece of furniture, you will have great difficulty finding a replacement part or obtaining a factory repair if the manufacturer is an exotic copier whose after-sales service is a matter of no concern to him. not.

6) Reduce the environmental impact of “fast-furniture”

Get out of the fast-furniture dynamic and buy sustainable furniture from a circular economy. Manufacturers and distributors who are players in fast-furniture produce successive collections of furniture which quickly replace each other by offering furniture that can be purchased impulsively due to their very low price. Not being intended to last and, the enthusiasm of their buyers dissipating very quickly after purchase, this furniture will pollute the environment while saturating landfills.

7) Resale value of original furniture

Authentic furniture is not intended to pollute landfills after a few months; it can be resold and reused. Very often, they are passed down from generation to generation, like jewelry and works of art.

Let’s see the following example where an original Barcelona chair by designer Mies van der Rohe is resold in 2023 for several thousand euros on a specialized site, despite visible wear spots, claws and scratches and leather that has aged gracefully with the passage of time.

The description of the piece mentions it being manufactured in the 1980s:

Creator	Ludwig Mies van der Rohe
Maker	Knoll Inc. / Knoll International
Design period	1920 to 1949
Year
Production period	1980 to 1989
Marques d’identification	This piece has an attribution mark
Style	Mid-Century, Classiques du design, Bauhaus
Detailed status	Very Good — This vintage/antique item has no defects, but it may show slight signs of use.
Restoration and damage details	Light wear consistent with age and use
Product code	I-951082
Materials	Chrome plating, Leather, Steel
Color	Black silver
Depth	75 cm
Height	76 cm
Diameter	77 cm
Seat height	43 cm

8) Integration of procurement, manufacturing and logistics processes in a circular economy logic

Increasingly, luxury furniture manufacturers are redesigning their entire sourcing, manufacturing, distribution and packaging process in order to fit into the dynamics of a circular economy which is vital for our planet:

• Reduction of polluting residues and waste (raw materials, the product itself and its packaging)
• Use of sustainably sourced raw materials from recycled materials
• Manufacturing taking into account the optimization of energy supplied by sustainable and clean sources
• Recyclable packaging made with recycled materials
•  A logistics circuit reducing unnecessary energy losses
• A final product made with noble components and materials that can be reused or recycled

What are the dangers of buying “fake” furniture (copy, imitation, counterfeit, etc.)?

1) Questionable quality

The quality will always be inferior to the original piece of furniture because the main motivation of the manufacturer and the reseller of copies will always be financial gain and this almost systematically involves shortcuts and savings in the manufacturing process in terms of materials, technology and structural design, detriment to product quality.

In the images above we can observe poor design in the manufacturing of an imitation of the SPIN chair. Unlike the original, the manufacturer of this copy has provided anchor points for the backrest on an inclined surface which does not allow the tension produced by the armrest to be correctly distributed. The fixing points where the screws are placed are not correctly aligned, the metal component (thin and poor quality) which unevenly receives the weight of the backrest ended up giving way quickly). The buyer’s sketch illustrates his difficulty in finding a replacement part. We contacted this Indian copier to try to help the buyer obtain a replacement part…this promises to be difficult given that apart from a Facebook page with a link to a website which is no longer in operation line, we have no other elements.

2) A short and predictable lifespan

The durability of the copied furniture will certainly be lower than that of an original piece of furniture that was produced as an authentic, high-end piece of furniture. By purchasing copied furniture at a low price, the consumer ends up getting rid of it quickly because either it will quickly become damaged or they will quickly get tired of it, as is the case with all “fast” consumer products (fashion). low price, etc.).

This enormous turnover of low-cost furniture is a symptom of the fast-furniture era in which we live and certainly does not correspond to the concept of circular economy that all prestige furniture manufacturers are gradually implementing in their supply logic. , production thus ensuring the recyclability of their products which can become, at the end of their life, raw materials used to produce future furniture.

3) The dangers inherent in all low-cost furniture

Low-end furniture (copy or not) always carries a possibility of accident or injury due to its low-cost production. Indeed, anchor points, stability and the use of solid components are often neglected aspects to the detriment of user safety.

Statistics from North America will allow us to better visualize the dangers inherent in the use of furniture, whether it is original or a counterfeit or a low-end copy. The probability of an accident certainly increases with low-end furniture whose design and rapid, low-cost manufacturing exclude considerations for the safety of end users: absence of anchor points, questionable stability and solidity of the wobbly structure , dimensions of table tops inadequate for the base or legs used, etc.)

Every year, hundreds of consumers suffer injuries due to furniture not properly secured to walls or simply not secured to walls, a situation that particularly affects children.

The Consumer Product Safety Commission (CPSC), responsible for tracking such incidents in the United States, reports that more than half of the 33,000 people treated in emergency rooms each year for injuries resulting from falling furniture are children. A child will always be more fragile than an adult when a piece of furniture (shelf, display column, chest of drawers, table top, etc.) falls. Between 2000 and 2015, 489 Americans died as a result of such accidents, including 411 children aged 1 month to 14 years.

4) Toxicity of materials

Copied designer furniture can be toxic to your health because the danger for the end consumer can also come from inappropriate and toxic materials used in the manufacture of fake designer furniture:

• lead paint from which volatile particles can be released and cause serious harm to health when inhaled
• formaldehyde glue, toxic and polluting, used in the manufacture of low-end furniture with MDF components
• pthalates ((diethyl-2-hexl phthalate) used in plastics to soften them and increase their flexibility and which can also be present in the fabric coverings of low-end furniture. The endocrine disruption caused by phthalates has been scientifically demonstrated for almost a decade.

The National Agency for Food, Environmental and Occupational Health Safety (ANSES) has published a list of 31 substances that can be emitted by furniture. These substances are classified as carcinogenic, mutagenic or reprotoxic, including phthalates, formaldehyde, styrene, benzene and dichloromethane. It is unlikely that designer furniture copied and produced with the aim of producing at the lowest cost will follow the instructions regarding the raw materials not to be used or regarding the labeling of their products to inform end consumers.

5) Chrome tanned leather

Take as an example, leather used as a covering in the manufacture of furniture. Leather that has been chrome-tanned (quicker and less expensive than vegetable tanning) can also be a danger to the health of consumers. The chrome tanning process, before the production of furniture, is extremely polluting and harmful for workers and the environment where numerous polluting wastes are released. This is why most tanneries using this method are established in countries with little or no environmental regulation. The chrome tanning process results in the formation of chromium 6 or hexavalent chromium which can pose dangers to the health of the end consumer because it is carcinogenic and can cause violent allergic reactions. Note that even today chrome tanning is so widespread that it concerns 70 to 80% of leather produced globally, so this currently includes a significant number of high-end furniture manufacturers. Gradually, manufacturers of luxury and prestige furniture are turning to skins with eco-certification such as the “Blue Angel” from the German government .

6) Production networks that show little respect for their workers

By purchasing an imitation of designer furniture, you are more than likely contributing to a manufacturing and marketing system that does not take care of the rights or conditions of workers (children, pregnant women, the environment and toxic materials such as cheap glues). used, etc.).

Buying a piece of furniture imitating a design icon at a low price amounts to directly and personally favoring the perpetuation of an exploitation system close to slavery in certain cases.

7) Negative impact on creativity and design in general

The reward for creativity and the improvement of the author’s living conditions inevitably come through royalties and other methods of remunerating a creator. This remuneration is guaranteed within the framework of the official commercial circuit for authentic furniture, unlike the circuit of copies where the author receives no reward.

Some little-known designers manage to create a furniture design that achieves commercial success and visibility because it has become trendy. Very quickly, furniture copiers will spot its design and copy it as long as there is consumer interest. Knowing the long road that a designer must travel between the artistic stage and the eventual marketing of his work by a publisher who has undertaken the manufacture of his prototype, making all this work useless and unpaid due to usurpation of identity and copies of its furniture, it is a very sad reality which will generally and irreversibly slow down the creativity and vocation of future designers.

8) Negative impact on legitimate players in the sale of authentic furniture

With the proliferation of online sales, brands, small and large, can easily sell copies and imitations without fear of prosecution. Often websites are created on a temporary basis and as soon as they are prosecuted, the dishonest reseller creates a new site to continue the same activity.

For a small, honest reseller offering authentic designer furniture, it is time-consuming and, above all, very expensive to pursue resellers offering low-cost copies and imitations of designer furniture.

Two of the largest furniture retailers in the United States, Restoration Hardware and Crate & Barrel, have been accused of offering their customers copies of designer furniture. Given the turnover and gigantic financial resources of these brands, attempting proceedings against their army of experienced lawyers is a risky and uncertain approach.

Some large, well-known brands have even resorted to counterfeit furniture after studying the original works. “We once submitted a quote for a project to Starbucks only to find out later that they had counterfeited our Sarus Mobile model,” says a representative for New York-based lighting, furniture and accessories designer David Weeks. Imagine the loss of income for the designer in this case where it was a question of equipping probably dozens and possibly hundreds of Starbucks restaurants with his lamps.

9) Buying a copy of designer furniture is a bad investment

Apart from the immediate benefits such as giving your living room a trendy Scandinavian look for example, while spending as little as possible, in the medium and long term, buying a copy of furniture is a bad financial investment.

Rapid replacement to be expected, no residual market value allowing resale if still in good condition, favoring the theft of copyright by unscrupulous manufacturers, contribution to worker exploitation networks, increased pollution, etc.

10 tips for recognizing a copy, counterfeit or imitation of designer furniture

1) The price of authentic designer furniture

You will find very different prices for the same piece of furniture. With the Internet, research and price comparisons are increasingly easy to carry out, without having to travel.

The range of prices and especially the huge price differences from the most expensive to the least expensive should alert you.

Low prices attract the majority of consumers who want a prestigious interior without having the necessary budget. It is therefore a pragmatic choice. Ask yourself where you stand in this process and if you opt for an original product, the price will certainly be above copies and imitations. Counterfeits on the other hand, while trying to pass for an authentic product, will be more expensive and may be close to or equal to the price of an authentic version.

The quality and design of a piece of furniture imposes choices that have an immediate effect on the price of the piece of furniture. Don’t expect high-end quality furniture by paying the price of disposable furniture.

2) Watch out for irresistible markdowns and discounts

Going discount with real luxury furniture is not common and this practice is prohibited by brands to their official resellers.

Very often, it will either be a cheaply copied piece of furniture or even a simple scam (where you will not even receive any piece of furniture, copied or not).

A seller who offers you an authentic piece of furniture from a known designer at -40%, this should make you wonder about his commercial operation (dumping, copies, etc.).

Let’s take Hans J. Wegner’s Wishbone chair as an example. This creator and designer died at the age of 92 on January 26, 2007. European law on intellectual property protects the rights holders (his heirs and the manufacturer Carl Hansen & Søn) against the marketing of copies and imitations. In practice, this iconic chair is copied excessively and these low-end versions are easily accessible on the internet.

3) Labels and other inscriptions on the furniture

An authentic designer piece of furniture will have several external signs which will reveal its origin and authenticity.

The manufacturer will affix somewhere on the product a label or an inscription (engraving, etc.) allowing it to be identified, most often with a logo. Counterfeits will attempt to imitate these external signs but will very often do so in a clumsy manner.

Designer furniture intended for collectors will often include a serial number (especially in the case of limited series) and will be delivered to you with a certificate of authenticity.

Even installation manuals and assembly instructions could give you clues about the authenticity of the piece of furniture.

Do not hesitate to contact the manufacturer itself to ask questions about the authenticity of the piece of furniture based on the characteristics you see.

4) The reputation of the reseller

Today, proclaiming yourself a reseller of authentic furniture on the internet can be done quickly and easily. You are free to confirm with the furniture manufacturer that the reseller in question is authorized to distribute this original furniture. Luxury brands don’t let just anyone promote and sell their furniture and they know perfectly well the players authorized to resell their products.

The opinions of other customers on a reseller will enlighten you on the quality and durability of the products they offer.

Carefully read the legal information regarding the dealer’s place of business. For authentic luxury furniture, it is always preferable to contact a French reseller in order to be able to exercise your rights subsequently without having to go to foreign courts. The same goes for enforcing the general conditions of sale, your right of withdrawal and the security of your means of payment, a national reseller will always be more inclined to listen to you to avoid being referred to the Commercial Court in France.

5) The location where the sales platform is located

Brands that officially distribute luxury furniture are handpicked by manufacturers and copyright holders. It’s about maintaining and respecting the prestige of the product.

If you find luxury furniture for sale on platforms like Facebook marketplace, Instagram, Amazon, Ebay or Etsy to name just a few, know that this is not a desirable sales channel for the vast majority of resellers of authentic high-end furniture. However, it could be a resale by an individual of an authentic piece of furniture in certain cases, but if the seller’s profile is that of a professional who offers it to you as new, it is unlikely that it is an authentic piece. .

Furniture copied on Instagram

Furniture copied on Facebook

Furniture copied on X (formerly Twitter)

Copied furniture for sale on Amazon

Copied furniture for sale on Etsy

Furniture copied and sold on Alibaba

Furniture copied and sold on e-commerce platforms

6) The origin of the product, the place of manufacture

The country of manufacture can give you an indication of the authenticity of the product. We should not think that everything that leaves China is a copy, many luxury brands (in leather goods in particular) have subcontractors in China who produce under active and daily supervision of the brand in order to produce products in agreement with the requirements of these brands. That said, in the publishing and manufacturing of authentic furniture, exotic manufacturers are much less numerous and the origin will undoubtedly alert you.

By doing some simple research you can find out in which country the manufacturer and/or retailer offering cheap copied furniture operates.

Here are some comparisons of copies and imitations of our SPIN armchair around the world:

The SPIN model, whether in its chair or armchair version, is widely copied throughout the world (Estonia, Spain, India, Turkey, Ukraine, Philippines, Hong Kong and Greece) and there is a copier/imitator in each almost continent (Oceania, Europe, Africa and Asia).

The chair version which had been copied by a Spanish manufacturer was removed from their catalog after a complaint from the legal department of our Austrian partner. It is rare that copiers and imitators pay attention to summons from official actors but in this case, being an EU country, the reaction was rapid and positive on their part.

7) Carefully examine every detail of the furniture you are considering purchasing

The devil is in the details…and this time he is your ally.

Copies include shortcuts to save money or simply because the illegitimate manufacturer does not master the techniques or know-how required to create high-end furniture.

The metal parts are very telling because the welding points quickly allow you to identify low-end furniture. Producing luxury furniture involves a phase of polishing and sanding the welding points in order to make them impeccable and without traces. This requires cutting-edge production techniques and know-how based on very long experience.

Where an authentic piece of furniture will have a metal or wooden armrest whose construction is fluid (without visible junction points, with a perfect and symmetrical curve, etc.), a replica of this piece of furniture will have abrupt and not very elegant and strong junctions. visible (jointed wood, dovetail joints, etc.). It’s a matter of know-how and technical skill that is obvious to the naked eye to anyone who knows where to look.

The same goes for seams (leather and fabrics) and other places where the precision and rigor of the manufacturer are clearly exposed and the shortcomings of a furniture copier are evident.

8) Examine the quality of materials

The type of metal or wood used and the quality of the fabrics are parameters that can shed light on the quality of the furniture.

An authentic piece that is made of bronze can be imitated with many materials that reproduce the same visual effect without being as expensive.

The metal components (screws, fixing systems, etc.) will have a very different weight, thickness and solidity between an original piece of furniture and a copy. Cheaper metal parts will warp and break more easily. Aluminum or stainless steel can be replaced by cheaper metals which will quickly show traces of oxidation.

A high-end fabric will have a much higher performance in Martindale tests (abrasion) and pilling tests than a low-end fabric used for copied furniture. If the reseller cannot provide you with the characteristics or performance of the coverings on your piece of furniture, he or she is probably selling a non-authentic piece of furniture of dubious provenance.

9) After the body, examine its feet

Checking the legs (chairs, tables, sofas, etc.) is a localized and separate process that must be carried out by detaching yourself from the general image of the furniture.

Very often we evaluate a piece of furniture by looking at it from afar in order to appreciate it as a whole. Immerse yourself in every detail of the legs or base of your furniture. These important elements are often much more complex than we think. The difference in technical skills of a low-end manufacturer should be obvious to you.

10) Check the dimensions and proportions

Get the dimensions of the original furniture and contrast them with the imitation furniture. Very often the original proportions and dimensions are not respected.

Buying original furniture, a bet for the future of design