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Knowingly bought a 'replica' (fake) watch. Legal??

Hello! Not to sure if I've posted this in the right category or not (feel free to move) but wanted some advice about replica goods.

I'm writing a blog post about a fake watch I bought and wanted to know a bit more about the ins and outs of the legalities or it all.

I knowingly bought a Michael Kors 'style' watch on Ebay from a UK seller. I believe this is legal on my part as I'm just the purchaser and not the one selling. Is this correct?

The seller was advertising these as 'Michael Kors Style' watches. Is that legal?

(edited 11 years ago)

Reply 1

farfalla

Original post by Zaf47

Hello! Not to sure if I've posted this in the right category or not (feel free to move) but wanted some advice about replica goods.

I'm writing a blog post about a fake watch I bought and wanted to know a bit more about the ins and outs of the legalities or it all.

I knowingly bought a fake Michael Kors watch on Ebay from a UK seller. I believe this is legal on my part as I'm just the purchaser and not the one selling. Is this correct?

The seller was advertising these as 'Michael Kors Style' watches. Is that legal?

how did it look like? was it good quality?

and yes it is Illegal to buy a fake item.

Reply 2

Zaf47

Original post by TheStudent.

Let me guess, you want to sue him for selling you a counterfeit watch. Well then. You're just as amoral as he is. Fool.

Is TSR just full of trolls nowadays?

HA! I ask a question about fake watches and suddenly I'm out to sue everyone? No. That's not what I'm doing. I bought it knowing it was a replica for a bargain price and love it. In fact, I'd personally like to shake the person's hand who sold it it to me.

As I said, I'm just writing a blog post about people's reactions to fake goods and whether it's justified. I just wanted to know a bit more about the laws on fake goods in the UK.

(edited 11 years ago)

Reply 3

Rybee

Original post by TheStudent.

Let me guess, you want to sue him for selling you a counterfeit watch. Well then. You're just as amoral as he is. Fool.

I really despise people such as yourself who have to jump on the bandwagon and attack everybody at the first opportunity. You've just jumped to a completely irrational conclusion. Based on what? You're pissed off at the world and it makes you feel good by putting others down? Either post something constructive, or do the world a favour and **** off and chew on a cyanide tablet.

OP yes I believe you're correct to some degree. It is against the law to sell counterfeit goods but it is not against the law to UNKNOWINGLY buy or be in possession of such goods. The key is in the subjective element of unknowingly buying counterfeit goods. If you knowingly buy counterfeit goods then yes that is illegal.

However, for clarification, if it was advertised as XXX 'style'. Then no, that's not illegal as there is no misrepresentation in the contract of sale.

That said, prosecution for buying for personal consumption is as rare as a rocking horse, unless it's in bulk. The authorities are much more focused on the selling of goods, obviously.

(edited 11 years ago)

Reply 4

Tericon

The seller was not being fraudulent if he advertised it as 'MK style' he is clearly telling you it isn't an MK watch, so he isn't lying to you. His activity is legal and as is yours.

I'm pretty sure in this country at least; that knowingly purchasing fraudulent good isn't illegal, so even if his activity was illegal, yours wouldn't be.

Reply 5

Zaf47

Original post by Rybee

Thank you for a simple answer to a simple question.

And for the bit before that... thanks for that to.

Reply 6

theth

I think if it came to court, the ruling would be based on whether "style" is deemed to be clear enough description of a replica (Don't take this the wrong way saying I think you're going to sue him). To be honest I think the word style indicates that it a watch which happens to look like a Michael Kors watch, rather than an official one.

Reply 7

Norton1

Original post by Rybee

OP yes I believe you're correct to some degree. It is against the law to sell counterfeit goods but it is not against the law to UNKNOWINGLY buy or be in possession of such goods. The key is in the subjective element of unknowingly buying counterfeit goods. If you knowingly buy counterfeit goods then yes that is illegal.

However, for clarification, if it was advertised as XXX 'style'. Then no, that's not illegal as there is no misrepresentation in the contract of sale.

That said, prosecution for buying for personal consumption is as rare as a rocking horse, unless it's in bulk. The authorities are much more focused on the selling of goods, obviously.

Although Michael Kors would have an action in tort for passing off. (I know you'll know that, but context for others and all that)

Reply 8

Rybee

Original post by Zaf47

Thank you for a simple answer to a simple question.

And for the bit before that... thanks for that to.

No worries - i've also just edited and updated my answer a little bit after you quoted it!

Original post by Norton1

Although Michael Kors would have an action in tort for passing off. (I know you'll know that, but context for others and all that)

Yeah

Obviously that wouldn't have an impact on the buyer, just the seller.

Reply 9

jacketpotato

Knowingly buying counterfeit goods is not an offence in the UK. However it is an offence in France and Italy where tourists have been fined for it. In theory I believe counterfeit goods can be seized by customs.

Selling fake goods as 'XXX style' is not a misrepresentation under contract law, but would be the common law tort of passing of and would also probably be an offence under various statutes - http://www.ipo.gov.uk/ipenforce/ipenforce-crime/ipenforce-role/ipenforce-group/ipenforce-workplace/ipenforce-workplace-matters/ipenforce-workplace-matters-criminal.htm

Reply 10

Zaf47

Original post by jacketpotato

Thank you. As ever there seem to be some conflicting answers on this thread but I'm under the general impression that's it's not illegal to buy replica or 'style' goods so long as they're for personal use IE not to sell on.

Though I'm sure I'll be told I'm wrong and end up more confused!

Reply 11

MCPorter87

You are right in that it is the seller who is committing the crime selling you a counterfeit item. However he did state that it was a Michael Korrs "style watch" and not an original. This would have been reflected in the price.

I work for HMRC so I can tell you that purchasing a counterfeit item knowingly is not recommended (customers and excise seizing the item, destroying the item and sending you a letter to ask for permission to destroy the item etc etc). However it is not illegal for you to do so. In most cases counterfeit goods will arrive into the uk marked as gifts and will pass through customs without being opened or identified as fakes. In the circumstances that customs did contact you to say that they had seized your goods they would ask for permission to destroy it. If you accept then the situation wi be forgotten about. Should you claim that you deserve to get the goods back and do not wish for customs to destroy them then you will be sent a written letter and will need to attend court. In the circumstances that you do purchase goods from abroad that are counterfeit then it is always best to give HMRC permission to destroy them (no matter how expensive the item might be). It will save you a lot of hassle.

With regards to you purchasing your replica watch on eBay then this is not at all illegal. It is technically illegal for the seller to knowingly advertise it on eBay as a fake when he/she should know that eBay does not accept the sale of fake watches.