Home searched and seized for counterfeit goods

[Saberu]

Here is the situation. I had police turn up at my door with a search warrant and they confiscated ~50 Ugg boots and ~ 20 GHD's.

I stopped selling the GHD's months ago but I was still selling the boots. I didn't sell many, infact the amount I had in stock indicates that I sold a lot more than I really did because I stupidly bought lots of stock with a loan.

They will probably try and fine me but I have no money and am practically bankrupt now as all the stock was bought on credit. So I imagine they will take a CCJ out against me or something.

The main thing I'm worried about is going to prison, I'm worried I may end up going away for a year or even two

I can't afford a solicitor and will have to represent myself in court. My main questions are is it safe to represent myself, how much prison time (if any) am I likely to be doing bearing in mind this is my first criminal offense and exactly what evidence will they need to convict me?

Am I right in presuming the less evidence the better? Or is it that even worse as they might make a judgement to guess I'd been doing even more selling than I really had?

They also took my laptop which has all of my conversation logs, emails, a copy of the website I was selling stuff on and lots of evidence like pictures I took.

Also until this happened I had planned to move to China in a couple of weeks to teach English, if I still do this will it be construed as another offense like avoiding the law? My guess is that because I have only been given a caution so far and haven't been given a court summons yet that I am free to do as I please until I either get charged or get a court summons. If either of that happens and I'm already in China and can't afford to fly back for my court hearing, will that just make things a lot worse or will they just wait till I come back in 12 months time?

As far as evidence goes, they have all my stock and proof that I was selling the boots on my website (which they can get from my laptop). They don't have anything concrete on how many I sold.

I'm from the UK, any advice will be much appreciated.

 

[Sahnei]

copyright, trademark

Hello, My story is a little different. First of all, I was totally unaware that I could not purchase replica goods. I was under the impression that as long as the merchant was straightforward with me about it's origin, that it was ok. I wanted to buy replica bags and sell them as replicas. The bags look pretty close to the real thing, but some of them are shabby if you have an eye for that sort of thing. Some of the bags have the names and symbols of the originals and some just bare the design of the original, but no name. I have not sold any for profit. Someone told me that it was illegal and that's when I became concerned about it. So my question is, The bags that bear the original design and metal tags (name) are not ok to sell if you tell the buyer? What about the buyer? Is the buyer at fault as well? What about the bags with the original design but no name? Are they illegal to sell as well? I want to do what is right, so if after you guys read all of this and the answer is yes all of it is illegal, what am I supposed to do with the bags? I can at least give them away as gifts right? Also has anyone heard of Liquidation.com? and is their merchandise on the up and up? I would like to go ahead and get inventory but I want legal inventory. Thanks.

 

[Michael Wechsler]

Check with the manufacturer. Chances are that most of them have authorized retailers that are permitted to sell the goods. Anything you buy from someone else is at your risk that it is not authentic and an illegal knock-off.

If the merchant is straightforward about the origin of replica goods, what is he going to tell you? I bought it from a merchant in China making bags that look like a Gucci purse or handbag? Do you think it makes a difference with regard to your rights to sell it?

It's your job as a buyer to do some reasonable homework and also get a good contract of sale. If you're concerned about authenticity then make sure that your agreement, even if it is online, warrants and represents the authenticity of the bag and the original manufacturer and doesn't provide limitations of warranties and that the items are sold as is without any warranties or guarantees.

Looking at Liquidation.com's site it appears that it has 2 kinds of products for sale - those offered by the company (which should be able to be sued if it claims an item is authentic) and unrelated third parties which the buyer should beware. It's no different than buying on Craig's List or eBay. It's just giving people the idea that these goods are supposed to be cheap because they are being "liquidated."