Gucci, Prada & Co: Are you committing a crime if you buy counterfeit branded products?

When the goods come from abroad and are seized by customs, it does not take long for a bad surprise to arrive; This happens more than 8,000 times each year. Instead of a fancy bag, a letter from the trademark attorney comes home. It asks you to pay a flat-rate compensation of approximately 1000 francs and sign a waiver.

If you receive such a letter we will tell you how best to act and whether you could be committing an offense if you attack Wish and Co.

How can I tell if it’s fake?

The first thing you should look at is the price. And face the truth: Original products are never sold at discounted prices. You should check the printing before ordering online. If it is missing, it is best not to order. Blurry or cheap images, poorly translated text, or logos that differ from the original should also ring alarm bells.

Fly: There are also foreign websites ending in .ch. However, this does not mean that these are shops or products that actually come from Switzerland. You can check where providers have registered their websites on Who.is or Nic.ch. Most of the fake products come from China.

I thought it was really original. What can I do?

There are also so-called super fakes. These are, for example, sneakers or bags that are so well imitated that they do not differ much from the original. You pay a few hundred francs for it, but it’s still a tiny fraction of the original price. Higher prices may encourage people to confuse super fakes with originals. Customs experts also have a trained eye on this subject. They detain suspicious products and notify the brand owner. It then decides whether it is fake or not.

Fly: If the seller has clearly declared that the product is original, you can request a refund of the purchase price. However, in no case should you send the goods back abroad or resell them, as this will expose you to prosecution. You can also report this to various authorities. For example on Stop-piracy.ch.

Can customs destroy my bag?

NO. It can only do this with the buyer’s consent. First of all, customs keeps the goods for 10 to 20 days and informs the brand owner and the customer. As a buyer, you accept that if you do not defend yourself within the deadline, customs may destroy the counterfeit products.

Fly: Let customs destroy the goods. However, if you are absolutely sure that the product is original and you can prove it, object to it. If the court ultimately has to decide, you will pay the legal costs if it is fraud.

Am I committing a crime if I order a counterfeit product?

You will only be committing a crime if you order counterfeit products for the purpose of reselling them for commercial purposes. For example, there are so-called dealers on social media. If caught, they face a severe penalty: up to five years in prison or a fine of up to one million francs. If you import a bag into Switzerland for private use, you will not be committing a crime. However: Importation violates trademark protection and design law; Therefore, it is also prohibited for private individuals. For this reason, trademark owners may request compensation for the financial damage they suffer due to imports.

Fly: It is best to avoid purchasing fake products altogether. This will save you from unnecessary problems.

Do I have to pay the high compensation requested by the trademark attorney in his letter?

NO. As a rule, lawyers seek flat-rate compensation or flat-rate damages. However, blanket claims are not legally defensible: the trademark attorney must be able to prove the basis for each franc claimed. Under no circumstances should you sign any attached waivers or other forms.

Fly: Do not ignore the letter. In response, send our sample letter below to the trademark attorney via registered mail and send a copy to the customs. You may also agree to cover the costs of destruction. You no longer have to respond to any more letters with discounted flat rates.