Cricket fans warned about counterfeit memorabilia
23/04/2009

Cricket fever is high at the start of the Indian Premier League (IPL) in South Africa this week, but trade in counterfeit memorabilia could dampen the spirits of unwary fans.

“While registered vendors will be selling the rightful items, vendors with no respect for registered brands will be out in full force, offering supporters illegal counterfeit items,” says Adams & Adams partner Marilyn Krige, a trade mark attorney.

“By supporting trade in counterfeit goods, people encourage counterfeiters to enter the market. In such an environment, no trade mark rights are protected and the incentive to invest in South Africa will be put in jeopardy. The sale of counterfeit IPL items as well as, for example, Confederations Cup and Soccer World Cup items, will definitely have a negative impact and will force brand owners to take strong action. Bad publicity and legal costs are things that South Africa can do without,” says Krige.

The IPL takes place between 18 April and 24 May. It is the second-biggest cricket tournament in the world, after the Cricket World Cup, and will have an estimated television audience of more than 200 million in India alone.

Registered vendors selling legal items will have valid documentation to prove this and buyers should demand to see such documentation if they are not sure about the authenticity of IPL memorabilia.

“Counterfeiters do not create their wares in factories that comply with ethical standards of production or labour conditions. Counterfeit IPL shirts may, for example, shrink after the first wash. Even worse, they may contain toxic and non-permissible dyes, which could cause serious skin allergies. While it may seem that the authorised manufacturer of the original product is liable, there is no recourse against this party in law. Even so, its reputation would be unjustly tarnished.

“To add insult to injury,” continues Krige, “counterfeiters operate illegally and do not declare their business operations to the South African Revenue Service, so no revenue and taxes are collected. There is also international evidence to suggest that counterfeit earnings have been used to support terrorist organisations, drug dealers, gun runners and the like. The vendor who sells the counterfeit item earns very little since most of the money goes into the crime bosses’ pockets.

“Every time one buys a counterfeit item, one buys into crime,” says Krige.

Counterfeiting is a serious crime in South Africa, with prison sentences of up to three years per item seized and/or a fine of R5 000 per item on a first offence. On a second offence, this increases to five years and/or R10 000 per item.

“Let us all enjoy the cricket and respect the legal branding which cost brand owners vast amounts of money to develop and maintain. By doing so, we will show the world that South Africans respect the intellectual property rights of others,” concludes Krige.