Under German trademark laws, supporters of England and Scotland could face significant financial burdens, with fines potentially reaching up to £4,000 if caught wearing counterfeit football jerseys during this summer’s Euros. These regulations empower authorities to conduct spot checks, meaning fans who choose knock-off kits over authentic ones could be penalized.
Merrick Haydon, Executive vice president of rEvolution’s UK branch, sympathized with fans while acknowledging the necessity of safeguarding official partnerships and rights holders. He highlighted the spike in counterfeit jersey sales during major tournaments like the Euros and World Cup, which are driven partly by the rising prices of authentic merchandise.
Haydon commented, “Clamping down on counterfeit football shirts is not a new phenomenon. Nowadays, clubs and countries release so many kits each year, and prices seem to have gone through the roof recently, so many opt for the cheaper, counterfeit options.”
As England and Scotland prepare for Euro campaigns, the focus has shifted to understanding the legal ramifications. Roman Brtka, a partner at Ashurst based in Munich, clarified, “Trademark owners have the right to prevent unauthorized use of their trademarks.” He underscored the strict enforcement against manufacturing, distributing, and selling counterfeit products under German and EU regulations.
Regarding personal use, Brtka explained, “Private individuals, acting for private purposes only, are exempt from trademark law, such as buying a counterfeit football jersey for personal use.”
Wiebke Baars, partner at Taylor Wessing’s Hamburg office, added, “Possessing one item for personal use will generally not lead to prosecution, but trademark owners can seek damages for any commercial import, distribution, or sale of fake goods.”
Baars highlighted the severity of trade in counterfeit goods: “Trade with fake goods is a criminal offence which can result in fines.”
Alex Hemming, a sports analyst at Freebets, strongly advised fans, “It’s crucial to always opt for authentic goods, keep your receipts, and familiarize yourself with the regulations to ensure a hassle-free experience.”
The stringent enforcement reminds fans to prioritize authenticity and compliance with trademark laws to avoid substantial penalties during the Euros.
