Plagiarism / Trademark Counterfeiting

What Is Counterfeiting?

Counterfeiting means that certain products, usually expensive branded products, are imitated. Some counterfeit products are cheap and easy to recognize, while others are almost identical to the original.

How Can You Recognize Counterfeit Products?

Depending on the type of counterfeit, the characteristics can vary. They can be roughly divided into plagiarized products, duplicates, and replicas.

• Plagiarized products are generally cheaply produced, have altered brand names, such as “Mike” instead of “Nike,” or feature invented designs that do not exist in the original brand’s product range.

• Duplicates are intended to imitate a specific product, but usually have lower quality or a different logo than the original.

• Replicas are perfect copies of the original. The material, shape, and color all match. In some cases, they are even manufactured in the same place as the originals. However, they do not have the original manufacturer’s license. The brand name may appear on the product, but officially it is still a counterfeit.

What Should I Do If I Receive a Counterfeit Product?

If you receive a counterfeit product even though you believed you had purchased an original, you may be entitled to compensation for damages. If the seller does not provide compensation, you can cancel the purchase contract and demand your money back.

If that does not work, try contacting your bank and asking whether the payment can be reversed due to suspected fraud. In addition, the Verbraucherzentrale (German Consumer Advice Centre) recommends filing a criminal complaint.

Is Buying Counterfeit Products Illegal and Are There Consequences?

Buying counterfeit products for private use is not illegal, but that does not mean it is risk-free. You do not have the same warranty rights, and additional costs may arise if the counterfeit products are confiscated by customs.

However, reselling counterfeit products is illegal. With expensive products, ordering just two or three items may already raise suspicion.

Bringing counterfeit products back from vacation is generally permitted as long as it is done in moderation and the so-called travel allowance limit is not exceeded. For travel by plane or ship, this limit is €430, for travel by train or car it is €300, and for children under 15 it is generally €175.

There can still be consequences when purchasing counterfeit products. A counterfeit product may be made from poor-quality materials or contain substances or dyes that could cause health problems.

You could also be accused of “negligent ignorance,” meaning that you ignored or overlooked obvious signs that should have made you suspect that the product was counterfeit. In such a case, you may lose your right to compensation.

If you order several counterfeit products and customs confiscates them because they suspect that you intend to resell them, the original manufacturer may also take civil legal action against you. This could result in significant costs.

How Can I Avoid Receiving Counterfeit Products?

The most obvious warning sign is often the significantly lower price. Always compare prices with other retailers. If a price seems too good to be true, it often is – and the product may be counterfeit.

You can also check whether there are reliable reviews, preferably on independent review platforms such as Google Reviews and Trustpilot.