Covering up doesn’t get you off the hook – criminal liability for the import of counterfeit branded clothing

Counterfeiters typically make tremendous efforts to cover up their identity and the details of their actions. By doing so, they aim to both prevent trademark owners from bringing civil law claims as well as to avoid criminal prosecution through law enforcement authorities. The German Federal Court of Justice has recently ruled on the scope of criminal liability for the import of counterfeited goods infringing the EUTM Regulation (ref. no. 5 StR 554/17).

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