Picture this: you’ve invested blood, sweat and tears into building your fashion brand. Your designs are making waves in Auckland’s boutiques, your social media is thriving and your customers keep coming back. Then, you spot a suspiciously familiar jacket online, except it’s not yours. It’s a cheap imitation and it threatens everything you’ve worked so hard to achieve.
Counterfeits are more than just an annoyance. They can damage your business' reputation, undermine customer trust and cut into your revenue. Fortunately, there are proactive practical steps you can take to help prevent counterfeiting.
One of the most effective tools available to owners of copyright and registered trade marks is the ability to lodge a Customs Notice at the border. Think of it as putting your intellectual property on New Zealand Customs’ radar so they know to look out for goods that might infringe your intellectual property rights.
How do Customs Notices work?
When you file a Customs Notice with New Zealand Customs, you’re alerting Customs Officers to watch for goods that may infringe your intellectual property rights. If they spot items that match the Notice, they can seize and detain the goods at the border before they reach the market.
This isn’t just a theoretical solution. Some of the world’s most recognised fashion brands use Customs Notices to stop counterfeit shoes, fashion accessories and clothing from entering the market. For example, Levi Strauss and Oakley regularly rely on Customs Notices to protect their creative assets. So too do New Zealand brands such as Karen Walker who has worked with Customs authorities to keep imitations out of circulation.
What happens next?
If New Zealand Customs detains goods suspected of being counterfeit, you have several options. You might choose to take legal action against the importer, negotiate a settlement or even launch an investigation into the source of the fake goods. This process gives you greater control over protecting your intellectual assets and your reputation.
How long does protection last?
In New Zealand, Customs Notices last for five years and can also be renewed for successive five-year periods until the respective trade mark registration or copyright expires, ensuring your intellectual property remains protected for as long as possible.
Why take action?
Customs Notices are a cost-effective and proactive way to safeguard your business' creative assets and reputation and maintain customer trust. They send a clear message: your intellectual property is protected and you take infringement seriously. In the competitive world of fashion, that’s a message worth sending.
If you’d like to know more about protecting your creative assets from counterfeits or you’re ready to put Customs Notices in place, the Buddle Findlay IP team is here to help.
This article was prepared by Sophie Thoreau (special counsel) and Amy Irvine (solicitor).
