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ARTICLE · 22 DECEMBER 2023

Influencers And Counterfeiting: Risks And Consequences

BCF Business Law
BCF Business Law
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BCF Business Law

BCF Business Law

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Counterfeiters readily exploit the influence and popularity of social networks to promote their products, particularly through content creators.

CanadaIntellectual Property

Counterfeiters readily exploit the influence and popularity of social networks to promote their products, particularly through content creators. However, selling and advertising counterfeit products constitute trademark infringement, a violation of the Trademarks Act.

French influencer May Berthelot recently revealed that nearly half her community had encountered content from influencers promoting counterfeit products, and 20% of the influencers in her community had been solicited to endorse such products.

For companies whose products are counterfeited, the reputational risk is significant. These companies lack control over the quality of counterfeit items, which may even pose health and safety hazards to consumers. For instance, counterfeit luxury sunglasses may falsely claim to offer UV protection, potentially endangering their users. Many consumers unknowingly purchase counterfeit products. According to a recent poll by the European Intellectual

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