The counterfeiting of designer goods is a huge problem for the fashion industry. Consumers may consider this a victimless crime, allowing them to pick up the latest celebrity “must have” item without the obligatory hole in their bank balance. But the smuggling and production of counterfeit goods can result in major problems for brand owners.
So who you should you call if you see knockoffs of your products being sold at knock down prices?
Your white knights in this situation could be HMRC or Trading Standards!
UK and EU legislation allows owners of registered trademarks and designs to give notice to HMRC drawing their attention to this situation. HMRC have to the power to seize counterfeit goods at the border. However, caution should be advised as any person making an application must undertake to pay all of HMRC's costs and liabilities incurred.
Under Trade Descriptions legislation, Trading Standards officers, if they have reasonable cause to suspect goods bearing a false trade description are being supplied, have the power to enter premises, inspect and seize goods.
A simple tip off to your local agency could protect your designs and business from cheap counterfeited goods! Rachel Cook and John Greager of City law firm Fox Williams LLP
(www.fashionlaw.co.uk; www.foxwilliams.com)
How do you keep up-to-date with the latest news from the Footwear sector?
