Counterfeit goods can include gray market items, which are genuine goods, but sold through unauthorized channels. For example, this could be excess product or discontinued product. It’s also possible the very overseas factory that makes the genuine product also makes counterfeit products with cheaper materials to sell themselves.
I see many sneaker videos that say buying fakes, or “reps”, is no big deal. As an IP lawyer, I have to tell you, it is a big deal and we shouldn’t be doing it. And it's not only because of the brand harm. There have been fires, skin rashes, and death related to counterfeit products.
According to the National Crime Prevention Council and United States Patent and Trademark Office, “International organized criminals use counterfeits to fund illegal activities like gang violence, child labor, and human trafficking.” The United States Department of Homeland Security states, “Illicit goods trafficked to American consumers by e-commerce platforms and online third-party marketplaces threaten public health and safety, as well as national security.”
Consider the global International Trademark Association which states “We believe that governments at the national and international level must strengthen anticounterfeiting laws and enforcement in order to reduce criminal activity linked with counterfeiting, including ties to child labor, organized crime, and terrorism. The public and private sectors must cooperate to effectively address the serious threats counterfeiting poses to national security, economies, and the health and safety of consumers."
The USPTO teamed up with the National Crime Prevention Council in a program called the Go for Real campaign where McGruff the Crime Dog® helps to raise awareness about counterfeit goods and the dangers they can cause.
Before you think about buying a counterfeit item for the financial cost, consider the other costs associated with that counterfeit product, becuause genuine trademarks are fun®!
Check out this video for more!
Please note that the information contained in this article is intended for general informational purposes only and not as specific legal advice. The facts of your situation may differ from this general information. It is not intended to and does not in any way establish an attorney-client relationship.
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