Is it allowed to sell counterfeit products on the internet?
June 4, 2023 | 40,00 EUR | answered by Otto Schäfer
Dear lawyer,
I am contacting you because I am unsure if it is allowed to sell counterfeit products on the internet. I operate an online shop and recently offered products that I received from a supplier that I suspect to be counterfeit. I did not initially notice this, as the products looked authentic on the outside. It was only when a customer complained that the quality did not meet expectations that doubts arose.
I am concerned about whether I may face legal consequences if I continue to sell counterfeit products. I do not want to break the law and am willing to adjust my business model to be legally compliant. What options do I have to clarify my situation and what recommendations can you give me to prevent potential legal problems?
I thank you in advance for your support and look forward to your professional advice.
Sincerely,
Peter Vollbrecht
Dear Mr. Vollbrecht,
Thank you for your inquiry regarding the sale of potentially counterfeit products in your online shop. It is important to be aware that trading in counterfeit products is illegal in Germany and many other countries, and can have significant legal consequences.
The sale of counterfeit products primarily violates trademark law. Trademark law grants the exclusive right to use a sign for goods or services. If you sell products that infringe on trademark rights, the trademark owners can take legal action against you. This can result in warnings, claims for damages, or even lawsuits.
Furthermore, selling counterfeit products constitutes a violation of competition law. By selling counterfeit products, you may breach the Law Against Unfair Competition (UWG), which regulates the protection of competitors from unfair business practices. In this case as well, you may face warnings and claims for damages.
To clarify your legal situation and prevent potential legal issues, I strongly recommend ceasing the sale of potentially counterfeit products. Contact your supplier and request proof of the authenticity of the products. If it turns out that they are indeed counterfeit, you should immediately remove them from your inventory and inform your customers about the situation.
I also recommend seeking legal advice to avoid potential claims for damages and adjust your business practices to prevent such issues in the future. A lawyer specializing in trademark and competition law can help you fulfill your legal obligations and establish a secure business.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Otto Schäfer
Attorney at Law
