At first glance, the case doesn’t seem complicated. A Polish consumer decided to buy pajamas with graphics of characters from a popular cartoon in a local store. When the delivery was delayed, it turned out that the Polish store was only acting as an intermediary, and the ordered goods were ordered directly from the source, i.e., China. However, this was only the beginning of the unpleasant surprises.
The package with the ordered pajamas was detained in the Netherlands by the local customs office. The reason was the suspicion of infringement of intellectual property rights of one of the American companies, which holds protective rights to trademarks related to the cartoon, one of whose characters is depicted on the ordered goods. For this reason, the REACT organization, whose main area of activity is the protection of intellectual property rights, contacted the Polish consumer. In its letter, the organization demanded that the Pole pay the amount of 95 Euros, which includes the costs of storing the counterfeit goods, as well as the costs associated with its disposal. As a result, the consumer was found to be the one responsible for the infringement of protective rights, and not the store that offered the counterfeit goods.
A Polish citizen contacted the European Consumer Centre in Poland, which in turn contacted its counterpart in the Netherlands, requesting clarification and comment on the matter. In response, the ECC Netherlands confirmed that the actions of the REACT organization are in compliance with the law. As a result, the consumer withdrew from the contract concluded electronically with the Polish online store and received a refund of the amount paid (approximately 80 PLN).
Interestingly, the matter did not end there, as the Polish consumer still has the obligation to pay the amount of 95 Euros, which REACT has demanded. Failure to settle the debt will result in the matter being taken to court. The European Consumer Centre in Poland suggested that the Polish citizen reply to the REACT demand, stating that he made the purchase in good faith and for his own use, from a Polish store. Furthermore, the explanatory letter should include the full details of the Polish store, which offered the counterfeit goods in its offer.
The case is ongoing. However, it is important to pay attention to the terms and conditions of online stores where purchases are made, as even a successful withdrawal from the contract and a refund of the amount paid may be less than the amount that will have to be paid to the foreign organization in connection with the disposal of the counterfeit goods. In this case, REACT probably concluded that the Polish citizen’s intention was to introduce into the market within the European Union goods that infringe on the protective rights to third-party trademarks.
Fill out the form and we will get back to you within the next … with a preliminary quote.
