I just spotted this story so best to avoid Disney/other items ? there is often quite a lot on Folksy
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That is the reason I don’t buy copyright or Trademark items to re sell or make into something else to sell.
Is her fine because she used counterfeit products? Or is it because she sold trademarked things?
Interesting as the article seems to suggest it’s the fact that it’s counterfeit. As in- if she’d used actual Disney ribbon for example, then there wouldn’t have been an issue.
Which therefore makes me think- if she used the ribbon or whatever it was she used without knowing it was counterfeit- and was therefore fined for it, then does that mean say, eBay, should also receive a fine for making money from her selling counterfeit goods?
To be honest, I don’t really understand the law in this area. I do know some fabrics for example can be used to say, make a cushion then sell that cushion on. But that you can’t say, copy a famous cartoon onto a canvas and then sell that on. Though you could just for your own use I guess.
It’s a funny one sometimes- I don’t have any sympathy for people who knowingly just copy or use trademarked/copy written items. I don’t see why everyone else should have to come up with original designs yet some people make money just copying things. You see it at every single market/fair going though. And eBay and Etsy are filled with them. Folksy doesn’t seem to be much better- just seems fewer I guess as there aren’t as many sellers.
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The ribbons where counterfeit themselves, she then sold them on ie was a reseller of the ribbons ie she didn’t use the ribbons to make anything from them.
She therefore sold on counterfeit goods, which is against the law. Counterfeit goods must be handed over to Trading Standards to be officially destroyed.
Had she used the counterfeit goods to make something then sell that item she would also be in violation of the Trade Mark or Copyright owner.
Either way she’s in deep trouble.
Ah okay. I didn’t know if she’d turned them into something else.
Oh well. Not-so-lucky lady! Hopefully cases like this coming forward will make people much more aware!
I do believe some people don’t actually realise they’re doing anything wrong- but unfortunately for them, ignorance isn’t an excuse.
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I think she must have known the ribbons were counterfeit because she entered a guilty plea. If she had genuinely believed they were authentic, then there would have been further debate in court to establish her state of mind and how far she had gone to prove the ribbons authenticity before importing them and then selling them on.
As I read it, there is a heavy burden on the importer to ensure the authenticity of the product they are importing, but it does not seem to go quite as far as “strict liability.” Meaning you are not guilty purely for importing a counterfeit item, if you did not know it was counterfeit.
This means that if you import it believing it to be authentic and then later suspect it is counterfeit, you can contact Trading Standards without fear of being prosecuted. Which makes sense because Trading Standards want to stop the sale of counterfeit goods, not drive it underground.
Sam x