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counterfeit goods

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saintpeter48 | 12:34 Mon 28th Feb 2011 | Law
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hello everyone. i have just been summoned to appear before local trading standards after one of their people bought a counterfeit hat from me on ebay, fair cop i say, any advice on how to go about it and where i stand, i have sold others on ebay and didn't know that they were counterfeit, can they convict me for stupidity? any advice truly grateful, thankyou.
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Have you told them who your "supplier" is?
Question Author
no i have not. just got the notice today.
if you have told them you didn't know they were counterfeit you will be asked who your supplier is, how much you paid etc - it's no good saying you paid £20 for a Rolex watch that you went on to sell for £2000 - that aint gonna wash! Ebay itself could be in trouble too - you might find this useful

http://www.spotcounte...terfeit-criminal.html
Question Author
i bought them for about £2 each and sold them for £5.99 including P&P just to get rid of them. can i say supplier unknown or won't this help, i want to cooperate as best i can with them.
But how can you not know who supplied them?
No expert but I suspect you need to show you are duped, beyond reasonable doubt. With no desire to name a supplier I suspect that leaves you in the frame.
Take the rap.

You can't rat out on your contacts.

What? Look, I'm not the moral guardian of AB. Duuh!
Question Author
ok, i bought them in thailand, how easy do i crack under pressure, lol. i don't mind cooperating fully, just wondered how the best way to go about was thats all.
OK - you clearly suspected they were dodgy and took a chance - you got caught but don't want to name your supplier(nobody likes a grass) - through yourself on the mercy of the court!
I've been told, as the amount of profit you made was small, you MIGHT, just MIGHT get off with a caution, IF you tell them your supplier is (this info has come from an ex-trading standards officer) unofficially he told me that a FEW items sold for under £15 tend not to get prosecuted because of the time/money of court costs, BUT get caught twice and they'll throw the book at you regardless
ignorance is no defence

What were/is 'them'?
Lol....you're crap under pressure.

It's not like you made mega bucks...but you knew they were fake so if I was you I'd be honest.
oops sorry, it's hats

There is 'no way round it' I'm afraid. you were caught red handed, simples
Yes, you obviously knew they were fake if they only cost you £2. You took a gamble and got caught I'm afraid.
Question Author
so then, do you all advise holding my hands up and say fair cop and just take the punishment and plead for them to be gentle with me?
I would. They will look more kindly on that than if you try to bluff your way through and drag this thing out for longer.

Interesting choice of username by the way "saint" peter :-)
"ignorance is no defence." Really? Nobody could possibly know all the "laws" (legislation) - there's millions of them. Even lawyers take four year degrees and then specialise in a particular area. Common law on the other hand is easily remembered.
Even so ignonance of the law is not considered a legal defense. Tough isn't it ?
However ignorance of whether the stuff was legit or not is a different matter. But I can't see the saint pulling that one off.
Question Author
i'll let you all know how i get on, might just request a cake with a file be delivered to my cell - you'll recognise me, i'll be the one wearing a hat!!!
take no notice of people on hear talking about something they know nothing about - Mercia sounds you are talking rubbish

I sold counterfeit jewellery on Ebay with no complaints from buyers and got a dawn raid off TS backed up by the police. The items were high end and the RRP of the items I sold were £60,000.00 and I made approx £6,000.00

Ebay did nothing - in fact they made me a power seller for my high feedback.

i went into the police station voluntarily for questioning and gave them the email address of my contact in Hong Kong (who they wouldn't do anything about anyway)couldn't be bothered to prosecute so the outcome was I received a TS caution valid for 3 years and then it disappears. I also got fined £920.00 by TS

The Police will take no action and there is no way in a million years it will go to court so put it down to experience.

Just as a side issue i know market traders who have had goods confiscated by TS on at least 3 occassions and havent been arrested

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