Don’t buy Manchester United Counterfeits – legal expert

With soccer fever peaking as Manchester United, the current FA Premier League and European Club Champions, plays Orlando Pirates in Durban tomorrow (22 July), the selling – and buying – of counterfeit memorabilia could dampen the spirit.

“Whilst registered vendors will be selling the rightful items, vendors with no respect for registered brands will obviously be out in full force, offering supporters illegal counterfeit items,” says trade mark attorney Marilyn Krige, partner at Adams and Adams, leading attorneys in intellectual property law.

“By supporting trade in counterfeit goods, people encourage other counterfeiters to enter the market.

“In such an environment, no trade mark rights will be protected and the incentive to invest in South Africa will be put into jeopardy.  The sale of counterfeit Manchester United items as well as, for example, Soccer World Cup items leading up to 2010 in South Africa, will definitely project negatively and force FIFA to take strong action.  This is publicity – and most probably legal costs – that South Africa can do without,” says Krige.

So important does South African Tourism deem this tour that it is hosting a contingent of foreign journalists on familiarisation trips in each of the provinces where the matches will take place, to introduce them to the rich and diverse experiences to be had in South Africa – a global event destination, sublime beaches, majestic mountain ranges, bushveld teeming with wildlife and vibrant urban cultures. 

Registered vendors selling legal items can produce documentation to prove this and people wishing to buy memorabilia should demand to see such documentation if they are not sure about the authenticity of the items.

“Counterfeiters do not create their wares in factories that comply with ethical standards of production or labour conditions.  Counterfeit Manchester United soccer jerseys or T-shirts may shrink after the first wash.  Even worse, it may contain toxic and non-permitted 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 will be tarnished unjustifiably. 

“To add insult to injury, counterfeiters operate illegally and do not declare their business operations to SARS, so no revenue and taxes are collected.  Even worse, there is international evidence that counterfeit earnings have been used to support terrorist organisations, drug dealers, gunrunners and the like.  The poor vendor that sells the counterfeit item also earns very little as most of the money goes into the crime bosses’ pockets.  Every time one buys a counterfeit item, one buys into crime.”

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, it goes up to five years and/or R10 000 per item.

“Let us all enjoy the soccer and respect Manchester United’s legal branding which cost them millions of pounds to develop and maintain.  In doing so, we will show the world that we respect intellectual property, “says Krige. 
After facing Orlando Pirates in Durban tomorrow (22 July), Manchester United will meet up with one of the two South Africa sides again at the Loftus stadium in Pretoria four days later.
The tour concludes with a friendly match in Abuja, Nigeria, against FA Cup winners Portsmouth on 27 July.

Marilyn Krige
Partner
mk@adamsadams.co.za