Is selling fake/counterfeit goods legal?

prowla

I know that selling counterfeit goods as if they were the true brand is illegal.

But is it also illegal to sell a counterfeit item having declared to the buyer that it is a fake?

eg. "Roll-up, roll-up, come and get yer fake Rolex watches!".

I thought it was illegal, but I can't find the confirmation anywhere.

unholyangel

Trademark/copyright infringement......

DoaM

But is that illegal (as the OP asks), or is it a civil tort?

(I had a quick search and couldn't find anything conclusive ... most results talk about selling fake goods as genuine).

prowla

Yes - Trading Standards only seem to talk about passing off counterfeits as the real thing.

But is there an actual law which covers passing them off as counterfeits?

AndyMc.....

Are you talking about private or trade sales?

unholyangel

Yes it can still be illegal even if you make them aware.

The way the law looks at it, even if the buyer themselves were aware they were buying fakes, its still going to confuse/deceive other people who may see the item therefore an offence can still be committed

cookie365

S107,Copyright, Designs and Patents Act 1988

shaun_from_Africa

prowla wrote: »

I know that selling counterfeit goods as if they were the true brand is illegal.

But is it also illegal to sell a counterfeit item having declared to the buyer that it is a fake?


I thought it was illegal, but I can't find the confirmation anywhere.

Here you go:

https://www.legislation.gov.uk/ukpga/1994/26/section/92

Unauthorised use of trade mark, &c. in relation to goods.

(1)A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor—

(a) applies to goods or their packaging a sign identical to, or likely to be mistaken for, a registered trade mark, or

(b) sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the packaging of which bears, such a sign, or

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding ten years, or both.

bris

Yes it's illegal and tbh if any one thinks they are buying a genuine Rolex for 25 quid anyway then they need their head examined.

prowla

bris wrote: »

Yes it's illegal and tbh if any one thinks they are buying a genuine Rolex for 25 quid anyway then they need their head examined.

Yes - pretty obvious about the last bit.

But the question was whether it is illegal to openly sell a fake one as a fake.

steampowered

Have a read of http://www.bbc.co.uk/news/uk-england-manchester-39806826

There are a number of criminal offences which could be committed.