Trademark Infringement Defense in Georgia | Legal.ge

TrademarkInfringementDefense

Is selling fake Nike shoes a crime?

Yes, selling counterfeit trademarked goods is a crime under Article 196 if done repeatedly or causing significant damage.

What is parallel import? Is it illegal?

Parallel import involves importing genuine goods without the manufacturer's permission. In Georgia, this is generally legal and not a criminal offense.

Will my goods be destroyed?

If the court or customs proves they are counterfeit, yes, the goods will be confiscated and destroyed at your expense.

Unlawful use of a trademark (counterfeiting) is an economic crime regulated by Article 196 of the Criminal Code of Georgia. This act involves using another person's registered trademark (brand) on goods, services, or packaging in a way that may mislead the consumer. Charges mainly concern the import, manufacture, or sale of counterfeit products (clothing, accessories, perfumes, electronics). Criminal liability arises when the act is committed repeatedly or the damage caused exceeds the statutory limit. This crime deals a serious blow to business, as it is often accompanied by the total confiscation and destruction of products, as well as heavy fines. The defense strategy requires deep knowledge of trademark law to prove that the mark was not similar or its use did not violate the law.

What does Trademark Infringement Defense service cover?

IP (Intellectual Property) lawyers offer specialized services:

Expertise on trademark similarity: Engaging patent attorneys and experts to determine whether the used mark is identical or confusingly similar to the registered brand.
Defense of parallel imports: Proving that the products are original and were imported legally (principle of exhaustion of rights), which excludes criminal liability.
Reducing damage amount: Critically analyzing the damage calculation presented by the rights holder and submitting alternative calculations.
Customs disputes: Defense during the customs clearance or return process of goods detained at the border.
Negotiation with brand representatives: Resolving the conflict through settlement, which is often the basis for terminating the criminal case.

Common Situations and Scenarios

Charges are often related to:

Selling counterfeit goods: Selling cheap copies of branded clothes/shoes in a store or market.
Label falsification: Applying a famous brand logo to local products to increase the price.
Using similar names: Conducting business under a name very similar to a competitor's famous brand (e.g., Abibas vs Adidas).
Online trading: Selling fake products via social networks.

Georgian Legislation and Legal Framework

The main regulator is Article 196 of the Criminal Code. The Law "On Trademarks" and "On Border Measures Related to Intellectual Property" also apply. For criminal liability, it must be proven that the use was illegal (without permission) and caused damage. The lawyer's goal is to prove that the client acted in good faith (e.g., did not know about the fake origin of the goods) or that the marks are not similar.

Service Delivery Process

The lawyer gets involved as soon as the goods are seized or charges are filed. The first step is to send product samples for expertise. If it is confirmed that the goods are original (e.g., parallel import), the case is dismissed. If the goods are fake, the lawyer tries to mitigate liability by compensating for damages.

Why choose a specialist on Legal.ge?

Trademark defense requires specific knowledge beyond general criminal law. On Legal.ge, you will find lawyers who have experience in intellectual property disputes and can effectively protect your business from counterfeiting charges.