Introduction
In the sports sector, the effectiveness of the fight against counterfeiting largely depends on anticipation. Counterfeiters exploit peaks in demand surrounding World Cups, international tournaments, finals and new kit launches to distribute illicit jerseys, accessories and merchandise at speed. The same offer may move simultaneously across a marketplace, social-media account, second-hand platform and fraudulent website built around an abusive domain name.
An effective strategy is based on four priorities:
- maintaining immediately enforceable rights,
- detecting infringements early,
- preserving reliable evidence,
- coordinating online, customs and judicial action.
This approach reflects the short commercial cycle of major sports events: once a competition begins, the time available to identify sellers, interrupt sales and contain trademark damage becomes much more limited.
Why is sport particularly exposed to counterfeiting?
Major events concentrate demand within a short commercial window
The commercial value of sports merchandise is closely tied to current events. Qualification for a tournament, a final or the launch of a new jersey can produce an immediate rise in demand. Counterfeiters seek to capture that window before public attention moves on. EUIPO has estimated that counterfeit sports equipment causes approximately EUR 851 million in lost sales each year in the European Union, equivalent to around 11% of sector sales. The economic loss is compounded by reputational and consumer-safety risks.
For a broader analysis of the commercial value of sports IP, see our article: “How does intellectual property protect the economic value of sport?”
Infringement now moves across several channels
Sports counterfeiting is no longer confined to physical sales near a stadium. Ephemeral social-media accounts may advertise products, redirect buyers to a fraudulent site and then reappear under a different identifier. Live selling creates a further evidential challenge: the visible content can disappear within hours while accounts, payment mechanisms, domains and logistics remain traceable. It is therefore necessary to monitor not only the products themselves, but also the commercial infrastructure that enables their distribution.
How can counterfeiting be anticipated before a sporting event?
Build an IP portfolio that can actually be enforced
The first task is to identify which rights can be invoked immediately. We map word and figurative trademarks, logos, emblems, designs, graphic works, photographs and other assets used on official products. Territorial coverage should reflect sales markets, host countries and the principal entry points for goods. Strategic domain names should likewise be secured before demand peaks.
Prepare customs controls before goods reach the market
A customs Application for Action turns an IP portfolio into an operational enforcement tool. It enables a right holder to request detention of goods suspected of infringing its rights. To be useful in practice, the file should give officers immediately actionable information: photographs of authentic products, technical features, packaging, authorised distribution channels and known counterfeit indicators. The fragmentation of e-commerce shipments makes this preparation particularly important.
For further guidance, we invite you to read our article on: “Customs Surveillance in Intellectual Property Matters”
How can counterfeiting be tackled quickly during a sporting competition?
Preserve evidence before requesting removal
The removal of a listing must not result in the disappearance of evidence necessary to establish the infringement. Before submitting any report, the following information should be preserved: the URL, the account identifier, the date, photographs, the price, the description, any available seller contact details, and the transaction process. Under French trademark law, infringement may be proved by any means, and infringement seizure remains a central mechanism where stronger court-ready evidence is required.
Combine platform, domain-name, customs and judicial measures
An effective strategy avoids treating each infringement as an isolated incident. Once the evidence has been secured, platform notification mechanisms, in particular the notice-and-action mechanism provided for under the Digital Services Act, can be used alongside domain-name analysis, requests to intermediaries and, where urgency requires it, court measures.
Intelligence obtained from a physical seizure should in turn feed online monitoring to identify additional sellers and accounts.
Which practical measures support a sustainable anti-counterfeiting strategy?
- Map the trademarks, designs, creative assets and merchandise requiring protection before each season or major competition.
- Align filings and territorial coverage with sales markets, host countries and the principal entry points for goods.
- Record relevant rights with customs mechanisms and the IP-protection programmes operated by major platforms.
- Implement coordinated monitoring of marketplaces, social media, second-hand platforms and domain-name registrations.
- Adopt an evidence-preservation protocol before any takedown request or account closure.
- Share intelligence between legal, security, e-commerce, customs and local counsel teams so that each enforcement action informs the next.
Conclusion
In sport and counterfeiting, speed of enforcement is directly determined by the level of preparation. A coherent IP portfolio, operational customs applications, continuous monitoring and a clear evidence protocol make it possible to act during the short period in which illicit sales are most damaging. The strongest strategy creates an intelligence loop: online signals guide physical controls, while a seizure or test purchase can reveal new sellers, accounts and domain names.
Dreyfus Law Firm assists its clients in managing complex intellectual property cases, offering personalized advice and comprehensive operational support for the complete protection of intellectual property.
Dreyfus Law Firm works in partnership with a global network of attorneys specializing in Intellectual Property.
Q&A
Can a federation take action where a product copies its team colours without reproducing the logo?
It depends on the rights available and on the presentation of the product. Colours may be protected in certain configurations, including where they form part of a valid and distinctive trademark right. Otherwise, unfair competition, free-riding or the reproduction of other distinctive elements may need to be considered
Can a sponsor act against products that falsely suggest an official association with a sporting event?
Yes, where its own rights or commercial interests are affected. Unauthorised use of the sponsor’s trademark may fall within trademark law, while a presentation that artificially creates a commercial association may also raise issues under misleading-practice or unfair-competition rules.
Who bears the storage or destruction costs for goods detained by customs?
The EU Regulation on customs enforcement provides that certain costs may be borne by the right holder who requested customs action, subject to the applicable national rules and the circumstances of the case. This should be anticipated when budgeting for a large-scale customs enforcement campaign.
Does a customs detention in one Member State automatically block the same goods throughout the European Union?
A Union application can support action in several Member States, but each inspection and detention is carried out by the competent customs authority in its own territory. Geographic coordination of the application and the information supplied to customs therefore remains important.
Can clubs and sports federations take action against unofficial products sold around a stadium?
Yes, provided that they hold enforceable rights and can establish the infringement. In practice, the sale of such products in the vicinity of a sporting event may increase the risk of confusion with official or authorized merchandise.
This publication is intended for general public guidance and to highlight issues. It is not intended to apply to specific circumstances nor to constitute legal advice.