Counterfeit goods
Counterfeit goods include fake designer labelled clothes and perfumes, pirate DVDs and computer games. These days, technology means that it is easy for criminals to make sophisticated copies. If you think you've bought a fake item, there are a number of legal rights that you could use against the seller.
It is unlawful to apply a registered trade mark to goods, or to make an exact copy of goods which have the benefit of a registered trade mark registration, without the permission of the trade mark owner.
Even where goods are not subject to a trade mark registration, it is sometimes still possible to bring an action against someone making copies of goods, or attaching marks to goods, without the permission of the person already trading in those goods and associated marks. This is called a 'passing-off' action.
You may still be able to use your statutory rights against the seller – as the goods may not be as described. For further advice on this you should contact Consumer Direct.
Copyright may exist in certain goods, such as artistic designs on clothing, computer programs, CDs, DVDs and other electronic media. An infringement of copyright may occur where such goods are copied without the permission of the copyright owner.
Infringing goods are generally known as 'counterfeit' or 'pirated' goods.
If you want to know more about fake goods, or if you think somebody is selling fake goods, please call Consumer Direct.
The Alliance Against Counterfeiting & Piracy (AACP) is a coalition of British trade associations and industry enforcement organisations with an interest in preventing counterfeiting and piracy in the UK. It aims to help legitimate business flourish so that consumers are not put at risk by exposure to substandard and potentially dangerous merchandise.
The Government Intellectual Property website has further advice on how to avoid buying fakes.
