If I got a dollar for every obviously fake Element shirt or hat I see, I'd own the company. Dad owned a bunch of gross sleeveless shirts. It's endearing when really old men wear the fake caps. A coworker in his early 40s showed up with an Element t-shirt to work. Said he just bought it at the flea market. He tucks his polos into his sweatpants and likes to wear fanny packs. None of these examples are "ha-ha funny", but anyway.
As for the shoes, chances are that the pictures are photoshopped by the sellers. A lot of Chinese sites ban blatant fakes, so the sellers just shoop an extra edge on the swoosh or something like that, all to get around the ban. If you ask any of them about it, they'll own up and say the logo is just edited.