Counterfeit goods in charity shops

[thenewaveragebear1983]

Can someone help me find the legalities of this please?

Can a charity shop sell counterfeit goods if they do not claim them to be genuine?

So: fake Mulberry handbag, priced at £4.50. (So obviously fake!)
Manager is aware it's counterfeit but claims that because on the label they don't call it either a genuine Mulberry or a fake Mulberry, just Bag, then they can sell it. She says because they don't say it's Mulberry- but there's a whopping great metal disc on the front that says Mulberry on it!
(It was a very good fake btw, I had to google the serial number to determine it. It's a common fake serial number apparently...)

I raised it with her and she gave me a mouthful of abuse which has left me rattled, but I'm right, right? Selling anything counterfeit knowingly is illegal?

[beenandgoneandbackagain]

You're right - selling anything which is fake is illegal. Having said that, most charity shops turn a blind eye to obvious fakes, even though they should take them off sale if it is pointed out to them that the item in question is fake.

[Sallyspoons]

A good fake Mulberry bag for £4.50!? I wish I could find one in my local charity shop.

[whitershadeofpale]

What's the problem? If they were selling it at a price that reflected the fact it was genuine I would get it, but can't for the life of me understand why you'd go to so much bother and get your knickers in a twist about £4.50 going to charity.

[beenandgoneandbackagain]

Here's a link

Link here

Forgot to say - she should definitely not have given you any abuse. I know volunteers are hard to come by but someone who cannot deal politely with the public shouldn't be in retail.

[Knittedfairies]

I think you're right:
www.charityretail.org.uk/wp-content/uploads/sites/3/2015/01/Designer-Goods.pdf

[Palominoo]

Tell trading standards. Its still wrong to sell fakes regardless of it being a charity shop.

[HeadsDownThumbsUpEveryone]

but can't for the life of me understand why you'd go to so much bother and get your knickers in a twist about £4.50 going to charity

You do realise that even charity shops are not above the law. It is illegal to sell counterfeit goods and as a previous poster pointed out, once they have been informed that it is not a genuine item the should remove it from sale.

[MaybeDoctor]

I just can't get worked up about this. Or understand why the law says this is wrong.

I understand the principle of intellectual property, but given that this item has been donated (ergo the transaction for which it was faked has already happened) is it really better for a fake bag to be sent to landfill than sold for £4.50 in a charity shop? Someone might have a use for it, after all.

[thenewaveragebear1983]

She was the manager, so not even a volunteer- a paid member of staff!

She knew it was fake, hence the price, but also she told me she knew it was fake. She said they were allowed to sell them.

My knickers aren't in a twist, moreso that the volunteers who work there work bloody hard and it's a charity I believe in, so it would annoy me if a chunk of money got paid out in fines for selling fakes.

Plus, I knew I was right, and she was really rude to me. I think she thought I was annoyed that it was fake as I thought it was genuine- but £4.50!! I knew it was fake!

It was a good counterfeit except for the lining felt like tent fabric, very cheap feeling and the badge was a circle and not the nice oval shape. It was immaculate condition too.

[thenewaveragebear1983]

As a disclaimer I should add that a) I went to no bother, this took place in the store. I bought some other stuff. I was there anyway
And b) I'm only annoyed about being given a volly of abuse about the law, which I didn't make. I pointed it out because the shop is staffed by some quite lovely ladies and I genuinely wasn't sure if they'd even know what Mulberry was or the law, and I'd hate for them to get in trouble because I buy 90% of my clothes there. Surely the law stands for a reason and charity shop or not, they can't just override the laws?

[redexpat]

Id put that in the things-that-shouldnt-happen-but-do-and-i-cant-be-arsed-to-take-action file.

[redexpat]

Yanbu though. And no they are not above the law.

[isseywithcats]

no it should not have been on sale in the shop, in our charity shop fake bags come in all the time we do not put them out on sale, they are offered to volunteers or staff for a small donation if they want them other than that if not a nice bag or not popular they got to the rag guys

[Palominoo]

The counterfeit industry is funded by and parodied to all manner of organised crime including child and adult slavery, prostitution, drugs, child and adult sex trafficking, money laundering and many other criminal activities.

Buying counterfeit goods is lining the pockets of criminals and contributing to the suffering of the victims caught up in it all. Not forgetting to mention the often awful working conditions that the factories have where the items are made, sometimes involving children and slave labour.

The bag should be taken to Trading Standards and they will destroy it.

I would inform Trading Standards that the charity shop is selling counterfeit items.

I would also point out that whilst mnay counterfeit items are made to a high standard, many are not including dyes which may not be fast and are toxic etc.

Don't want to out myself but I have worked in this field (against not colluding) and the world of counterfeiting is an appalling place of suffering and at times, murder.

[Palominoo]

Parodied means profitted

[Palominoo]

Bloody spelling! Sorry!

What I am saying is thst a counterfeit bag has blood on it metaphorically speaking.

[BlackPrism]

I think you were a bit of a busy body tbh... policemen aren't checking charity shop goods

[MyDcAreMarvel]

Buying counterfeit goods is lining the pockets of criminals and contributing to the suffering of the victims caught up in it all
Buying second hand counterfeit bags in a charity contributes to nothing but the charity.

[Palominoo]

Should a charity want to or be allowed to profit/benefit from something that originated from a crime, is the question?

[MaybeDoctor]

@Palominoo
I didn't know that - fair enough, that is terrible and puts a different complexion on things. :( I also hold the luxury goods manufacturers partly responsible, in creating that ridiculous market in the first place.

But surely by the time that item reaches a charity shop, the goods were sold/purchased long ago, the counterfeiter is laughing all the way to the bank and that bag (plus the physical resources used in making it) might as well be useful to someone?

[Spudina]

Palominoo's post is spit on. A branded good (fake or otherwise) advertises the brand, therefore increasing demand for counterfeit goods. No store is above the law and charity shops shouldn't be exempt from doing what is morally right. Sorry you were spoken to that way OP.

[Spudina]

Spot on!

[Totaldogsbody]

Is it a local Charity or a National one? If its a National one I would think that there would be guidelines for each store to abide by regarding counterfeit goods because as has been pointed out there could be a heavy fine, but £4.50 might have bought it myself.