COUNTERFEIT FAQS

The information provided here is based on research and experience but should not be considered legal advice. Vendors are responsible for ensuring the legality of their merchandise.

1. What is a counterfeit?

   A counterfeit is a fraudulent imitation of an authentic product, made with the intent to deceive. These goods mimic legitimate products and violate intellectual property laws. Related terms include fake, unauthorized replica, forged, pirated, and trademark infringement.

   
   

   Selling or purchasing counterfeit goods, knowingly or unknowingly, is illegal.

   
   2. Are counterfeits illegal?

   Yes, counterfeiting is illegal under both federal and state law in the U.S. Penalties for selling counterfeit goods can include fines of up to $30,000,000 and imprisonment, depending on the severity of the crime. The Lanham Act, a federal law enacted in 1946, prohibits the production and sale of counterfeit items. In some cases, counterfeiting can result in felony charges.

   
   3. Why don’t you allow counterfeits?

   We comply with U.S. Federal and California State laws that prohibit the sale of counterfeit goods. Counterfeit products are not only illegal but deceptive. Investigators from brands, legal firms, and government agencies regularly monitor for counterfeit activity, and violators risk lawsuits or criminal charges.

   
   4. But if it doesn’t have the logo on it, isn’t it not technically a counterfeit?

   Not necessarily. Brands often protect more than just their logos. Trademarked elements can include patterns, textures, designs, and even packaging. Replicating these elements without permission is still considered counterfeiting, even if the logo is not present.

   
   5. But what if, I as a vendor, didn’t know the item was counterfeit?

   It is the vendor’s responsibility to ensure their merchandise complies with U.S. laws and the rules of the Swap Meet. Ignorance of the law does not exempt vendors from penalties. Violating vendors face permanent bans from our Swap Meet.

   
   

   
   6. Why was I able to buy these products to begin with?

   We enforce our own rules, but cannot control the actions of suppliers or manufacturers. Counterfeiting is a global issue, and vendors are responsible for verifying the authenticity of the merchandise they purchase.

   
   

   7. How can vendors verify if their merchandise is counterfeit?

   Vendors can research the brands they sell, use verification tools provided by trademark owners, and stay informed about counterfeit risks in their industry. Always buy from reputable suppliers and avoid deals that seem too good to be true.

   
   

   
   

   8. What should I do if I discover counterfeit goods in my inventory?

   Immediately remove the items from sale and consult legal advice to avoid further liability. Inform your supplier and consider finding a new, trustworthy source. 

   
   

   
   

   9. What is the Swap Meet doing to stop counterfeits?

   We are committed to educating our vendors and staff on how to identify counterfeit goods. Our staff regularly patrols the market, monitors products, and takes immediate action if counterfeit items are found. Vendors who violate these policies are permanently banned from the Swap Meet.

Oct. 2024