Q. What if the bag doesn’t have a logo but otherwise looks just like an Hermes Birkin?

A. That’s a bit more complicated, but for an iconic design, a court might find the bag illegal under a theory of “trade dress” protection. The closer the copy is to a recognizable, famous original, the more likely it is to be illegal.

Q. If selling counterfeits is illegal, why is it so easy to find them online or on the street? In New York, you can even buy unauthorized NYPD T-shirts and hats!

A. Law enforcement is expensive—and there’s an eager market. For some manufacturers, the potential for huge profits makes the risks worthwhile.

Q. So much for handbags—what about Oscar gowns and other clothing?

A. In the U.S., knocking off clothing (without using a fake label or logo) is legal, although creative types have been trying to change that for at least a century. On March 30, 2006, a new bill that would give designers protection against copyists was introduced in Congress. It’s supported by designers like Zac Posen and Diane von Furstenberg, who understand that the current situation is particularly hard on emerging designers who are more likely to have their designs than their labels stolen, and thus are not able to fight back. And if the law passes, it will give a whole new meaning to articles like Marie Claire’s regular “Splurge or Steal?” feature.