Counterfeit football shirts highlight enforcement challenges

A significant crackdown on counterfeit football shirts has revealed the ongoing challenges businesses face in the battle against trademark infringement. The Police Intellectual Property Crime Unit led this national operation, resulting in the seizure of over 220,000 counterfeit shirts and kits, which had an estimated genuine retail value of £18.5 million. Six arrests were made, and investigations continue with the involvement of several entities including the Intellectual Property Office and Border Force as they work to tackle the problem.

These counterfeit shirts were predominantly sold through various channels such as online marketplaces, market stalls, and live-shopping apps. This crackdown coincides with the Premier League clubs' promotional activities for the new 2026/27 season set to commence on 21 August. Emma Pitcher, a Partner at Boult, expressed concerns about the effectiveness of online takedowns, stating “Removing a listing is often the quickest way to stop a counterfeit product being seen by consumers. The difficulty is that it is only a very short-term fix and will do very little to address the root cause and stop the person selling it elsewhere.”

She emphasised the challenges brands face, noting that one seller could create multiple accounts across various platforms, leading to a persistent cycle of listings. Brands often find themselves in a ‘game of cat and mouse’ as the same products resurface under different sellers. Research commissioned by HMRC underlined this issue, as many businesses referred to their anti-counterfeiting efforts as “whack-a-mole”, indicating the reality of dealing with persistent counterfeit threats.

Pitcher continued, noting the limited efficacy of solely removing listings, “However, a listing should not always be treated as an isolated incident. Repeated photographs, contact details, payment information and fulfilment arrangements may show that apparently separate accounts are connected.” The choice between quick takedowns and deeper investigations is essential, as effective enforcement can often hinge on understanding the broader network of counterfeit operations.

Connor Thorogood, also a Partner at Boult, highlighted the complexities of rights associated with football shirts, indicating the necessity of clear contractual obligations among rights owners and manufacturers. He stated, "It is important to have clear contractual obligations in place so each party, whether they be the rights owner, the licensee or the manufacturer, knows who is responsible for enforcement.” Thorogood clarified the legal distinctions between counterfeit items and unofficial merchandise, emphasizing the importance of accurate legal classification.

The article indicates the necessity of a coordinated response involving customs action, which can prevent counterfeit goods from entering the market. “Customs action is useful for more than the number of products detained,” said Thorogood. “A shipment can provide evidence that connects an online seller with an importer or a wider distribution operation.”

Ultimately, both Pitcher and Thorogood stressed that a combination of practical evidence and collaboration among involved organisations is crucial for effective enforcement. They concluded that while online takedowns serve as a valuable tool, the effectiveness of trademark strategies should not be measured solely by the number of removals, but by the intelligence gathered and the connections identified throughout the investigation process.