What to do if you sold a fake. How scammers sell fake iPhones under the guise of real iPhones Sent a fake what to do

I am sure that Instagram is the largest site for counterfeit sellers on the Runet today. In this article, he talks about why this happened and how brands fight for their rights on social media.

Instagram and counterfeiting: it's too bad

While working to combat counterfeiting on the Internet, our company processes thousands of applications per month. We decided to at least roughly estimate the scale of the problem in the largest photo service in the world, Instagram. To do this, we counted the number of accounts whose owners are selling fake goods of various categories, and tried to analyze how they promote their services. Here's what we got.

According to our analysts, the number of accounts associated with the sale of "replicas" and "copies" of products and goods of well-known brands, in the Russian-speaking segment is in the range of 6,000-10,000 accounts.

The most popular categories among counterfeit sellers are bags, footwear and clothing from well-known brands (especially luxury ones). Watch brands, perfumery and cosmetics manufacturers also suffer from the actions of intruders; there are also accounts selling fake gadgets of popular brands. Instagram is actively selling fakes under the brands of not only foreign, but also Russian companies.

The number of subscribers to such accounts can reach hundreds of thousands, and in total, more than 17 million users have subscribed to the accounts of fake sellers.

Chart: Popularity of Fake Accounts by Product Category, Chart: amcharts.com

At the same time, the list of violations is often not limited to just selling fakes: many sellers misuse trademarks or impersonate an official brand account without actually being one.

Fake store owners are constantly using new tricks to mislead users. For this, not only social networks are used.

For example, counterfeits are actively sold through real online stores. Such sites can copy the design of official resources; on them you can find trustworthy numbers 8-800, addresses of showrooms in the center of Moscow, and even sections with instructions for recognizing fakes. And a popular Instagram account is another way to gain the trust of potential buyers.

A typical example of an account selling fakes. Its owners provide an opportunity even for the wholesale trade in "luxury" goods.

Why it happened: two main reasons

Reason 1. Do they even know that they are breaking the law ?!

A serious problem affecting the rights of brands is the low level of legal literacy of Russian users of social networks, including those who are trying to build their business with their help.

Many counterfeit sellers are sure that if the account description indicates that the product is a "copy" or "replica", then they are not breaking anything. In fact, this is far from the case.

Another popular account with over 100k subscribers. Its owner explicitly declares that it sells "exact copies"

In accordance with Russian law, goods, labels, packaging of goods on which someone else's trademark or a designation similar to it to the point of confusion is illegally placed are counterfeit.

Provides for administrative and criminal liability for illegal use of someone else's trademark and distribution of counterfeit products. If the act has been committed repeatedly or caused major damage, the amount of which exceeds 250,000 thousand rubles, then the maximum punishment is provided in the form imprisonment for up to 2 years, but if there is no corpus delicti, then prosecution is carried out in the form of imposing an administrative fine in double the value of the goods with confiscation of counterfeit items. - data according to article of the Code of Administrative Offenses 14.10, article 180 of the Criminal Code of the Russian Federation and article 1515 of the Civil Code of the Russian Federation

Reason 2. Aren't you ashamed ?!

In Russia, in general, the sale of fakes is not considered something shameful. This leads to the fact that many famous bloggers and celebrities place advertisements on their accounts for showrooms selling bags, backpacks, shoes and watches imitating products of famous brands.

As a result, a situation develops that is beneficial to everyone except copyright holders: bloggers and stars make money on advertising fakes, and their sellers get more and more new customers and earn a lot of money, some of which are again invested in advertising.

Olga Buzova advertises an account of sellers of fake sneakers

This is what this account looks like:

By the way, its administrators even cautiously warn subscribers that "Instagram has started blocking work accounts."

How brands protect their rights

Manufacturers and distributors suffer multimillion-dollar losses from the actions of counterfeit sellers on the Internet. It can go so far that the business will be forced to abandon the distribution and development of sales of products under a well-known brand due to the fact that the entire Russian market is simply overwhelmed with fakes, and it is almost impossible to find an original product on the Internet.

In some cases that we encountered in our work, everything was so bad that nine out of ten sites in the top of Yandex search results offered counterfeit goods, and in contextual advertising there were only ads from fake sellers.

In such cases, many representatives of copyright companies simply lose heart, they do not understand whether it is worth going against the tide and trying to fight counterfeit sellers. In fact, it is definitely worth doing, and the chances of success are not nearly as small as they seem.

It is important to understand that social networks - and, in particular, Instagram - are interested in protecting intellectual property, this is clearly spelled out in their rules.

Instagram is interested in helping users and organizations protect their intellectual property rights. Instagram's terms of use do not allow the posting of material that infringes the intellectual property rights of third parties, including copyrights and trademarks.

This means that when detecting cases of sale of counterfeit goods and illegal use of intellectual property, you need to notify the administration of the social network - for this, Instagram has a special form. You can also complain about fake sellers in Russian social networks - for example, the corresponding the form"In contact with".

Usually, the Instagram administration quickly responds to complaints: the time for consideration of the application is from 3-5 hours to a day. In our practice, there have been cases when the accounts of counterfeit sellers were blocked 40-50 minutes after the complaint was filed.

Of course, given the huge number of counterfeit sellers' accounts, it is quite difficult for brands to track their appearance and activity on their own. For this, there are companies like ours.

We take on the task of identifying violations and act in accordance with the recommendations of Instagram. This means that we may contact the account holders before filing a complaint and try to resolve the issue. If the user eliminates the violations, the claims against him are removed, otherwise a complaint is filed with a request to block his specific publications - sometimes the administration still completely blocks the violator's account.

This systematic activity allows you to close dozens and hundreds of accounts selling "replicas" of specific brands. It is necessary to pay attention and inform users of social networks about the inadmissibility of selling and advertising counterfeit goods. It is difficult to achieve success overnight, but it is important not to give up, then there is a chance to reverse the negative trend.

For comparison: Now it is difficult to imagine a situation in which a well-known blogger or celebrity advertises a pirate site with serials and movie premieres - largely due to the activity of copyright holders.

You should pay close attention to sellers who offer products of well-known brands with huge discounts - 50-90% of the prices on the official websites of the companies. You need to understand that an original product - a bag from a new collection, popular cosmetics, watches or sneakers - cannot be very cheap: it is economically impractical for an official distributor to sell it with such discounts. For reinsurance, you can compare prices for a position of interest from different sellers - it is desirable that these are well-known retail chains or online stores. If the price differs by more than 30%, we recommend that you bypass such sellers. A bag of the famous Italian brand from the latest collection cannot cost 3,000-5,000 rubles, if on the official website and in GUM, for example, it is sold for 20,000-30,000 rubles.

In principle, we do not recommend making purchases through social networks (VKontakte, Instagram) because almost 100% of all commercial accounts available there, especially for the sale of luxury goods, are offers from individuals with products of very dubious quality. Sellers may try to show off and call their products "original", "genuine", "replicas" or "replicas" - the quality does not get better.

If the seller - in this age of high technologies - accepts payment only in cash, this another signal that the "original winter boots for 4,500 rubles" are actually fake.

Studying reviews is an important matter, but you need to look at the wrong ones that are published on the seller's website or in his social network account. Before transferring money for a product or going to the showroom for your favorite brand items with a 70% discount, google reviews about the seller.

Nobody canceled common sense. If the site offers watches, shoes, bags from dozens of well-known brands and all this is at a very attractive price, which is called a "discount", while the store does not even have its own office or pick-up point, and payment is only in cash to the courier, you need to ask yourself question: "Will a self-respecting brand with a worldwide reputation begin to develop such sales channels?" Answer: "Of course not".

Another way to understand that you are scammers is to look at the date the site was created and information about its owner. If the website states that “we have been working successfully for more than 5 years and have hundreds of satisfied customers,” and the domain itself was registered 1-2 months ago and registered to a private person, then you will most likely be sold a fake under the guise of the original. And if you later want to return it and get your money back, then the chances of success will be small.

These tips are only relevant for those who seek to buy only original products and do not want to support the counterfeit merchant business.

Many users deliberately buy fakes out of a desire to save money, but in this case, you need to be prepared for problems with the quality of goods and refunds in case of disputable situations.

Based on Article 1252 of the Civil Code, it is prohibited in the Russian Federation to import and sell products that violate the copyright of the official manufacturer and mislead ordinary consumers about the quality of purchases.

Do you have to go all the way (up to filing a lawsuit) if your rights have been violated?

YesNo

The sale of counterfeit goods is one of the ways for unscrupulous entrepreneurs to profit from someone else's brand or trademark, which is punishable by the norms of administrative and criminal law all over the world.

In 2016, actress Anna Khilkevich announced that the D&G bag she had bought at TsUM was a fake. Although the information was not confirmed and Anna later publicly apologized, you should not lose your vigilance. Counterfeit goods can also be found in large chains, albeit with great rarity.

Citizens of the Russian Federation have the right to complain about outlets selling counterfeit products and demand their complete closure. Such claims should be considered by: the Federal Tax Service, the Federal Customs Service, the Antimonopoly Service of the Russian Federation and other supervisory authorities, including the court.

How a citizen can distinguish a purchased fake from a counterfeit

The rights of official manufacturers of goods in the Russian Federation are protected by Chapter 76 of the Civil Code, which assigned them individual rights to their trademarks and provided for liability for unauthorized use of other people's labels, brands, brands.

When making a complaint about a purchase in an online store or a regular retail outlet, a citizen will have to provide a link to a rule of law violated by the seller. Therefore, the consumer should clearly distinguish between counterfeit and counterfeit goods:

According to statistics, the most common counterfeiting is knitwear, and among the manufacturing companies Adidas is most often counterfeited.

An important difference between counterfeit and counterfeit goods is that it always encroaches on someone else's intellectual rights (copyrights, patent for an invention, trademark, trade name.

IMPORTANT: products released by an official manufacturer who has already lost their rights to a trade name or brand are also counterfeit.

When choosing a thing in the store, pay attention to the following facts indicating that the product is counterfeit:

The packaging is of poor quality;
There is no instruction for the product or the document is a photocopy of this one;
Low cost of goods or insurance for it.

Additionally, ask the seller for documents that confirm his intellectual rights to trade in such goods (license agreements, certificates, supply contracts or invoices).

Claim for a counterfeit purchased online

The Association of Internet Trade Companies in the Russian Federation revealed that in 2016 more than 13 million counterfeit products were imported into Russia. Today in our country there is no self-regulatory organization that would control online stores. Therefore, Roskomnadzor is the main body canceling fraudulent websites.

In accordance with a special Regulation adopted in 2009, Roskomnadzor has the right to block a site that sells fake (counterfeit) goods after an audit.

Citizens who have bought a fake have the right to draw up an electronic claim on the Roskomnadzor website or fill out the requirements in a written complaint and personally take it to the registry of the supervisory service, indicating:

The name and email address of the online store, its contacts indicated on the site;
Your full initials and contact details for a reply;
Documents confirming the purchase of a fake from this particular supplier;
Description of the product, the characteristics of which are subject to criminal or administrative regulations on counterfeit products;
The requirement to check the outlet and bring its manager to justice.

Every year, independent companies appear on the network, accepting complaints from consumers and monitoring the activities of unscrupulous stores on the Internet. One of these services is the site http://fakelist.ru/, which examines claims of buyers about counterfeit and sends them to the competent authorities.

Any citizen who sent a complaint to this service can be sure that his requirements will be considered and checked by a suspicious online seller. If violations of intellectual property rights are revealed in the store's activities, the service's lawyers will notify the official manufacturer and get the fraudulent website canceled.

A typical site selling a "copy" of a well-known brand. The picture shows the original of the product, and when ordering, you will receive “something” that vaguely resembles the advertised product.

To contact Fakelist, a consumer who has bought a fake for help, needs to enter his e-mail into the electronic form of the service, indicate a link to the website of the store selling counterfeits and send a message to the site administrator.

Other services that suppress the implementation of counterfeits

According to Article 18 of the Federal Law No. 2300-1, each buyer has the right to demand his money from the seller if the quality of the purchase does not correspond to that declared by the seller. Initially, a complaint about a counterfeit item is directed to the store where it was purchased.

The lack of response to the claim by the outlet administration gives the buyer the right to contact the authorities dealing with the consideration of complaints about counterfeit products:

Federal Antimonopoly Service;
Federal Customs Service;
Federal Tax Service;
Rospotrebnadzor;
Prosecutor's office and court.

The reasons for the customer's appeal may be:

Inconsistency of the product description with its true characteristics and functions;
Lack of instructions and documentation for the purchased item;
The seller does not have documentation proving the legality of the rights to implement it;
The provision of information by the store that does not correspond to reality (the buyer was assured that the product is branded, but the quality indicates a fake);
Failure to provide a citizen with data on the real manufacturer (importer) of products (Article 12 of the Federal Law No. 2300-1).

Even products manufactured by an official manufacturer may be counterfeit. For example, often in the declarations, details are indicated for which the duties are lower, and the finished products are being transported.

Article 1252 of the Civil Code of the Russian Federation established that counterfeit products and fakes must be confiscated from sellers and destroyed without material compensation to their sellers.

Implications of inspections for counterfeit stores

Supervisory authorities that have received and considered complaints from consumers must check the documentation of the outlet, the quality of the products sold, storage facilities and the transport on which the goods are delivered.

Elena, hello!

Distance selling is the conclusion of a contract based on the description of a product on a website, catalog, booklet, television broadcast, radio or other means that excludes direct familiarization with the product or its sample. The rights of a consumer who has chosen the remote method of acquiring the goods that interested him are additionally protected by Art. 26.1 of the Law "On Protection of Consumer Rights".

The law allows the consumer to refuse a high-quality product not only before its transfer, but also after the product has already been received - for this legislation provides a period of up to seven days from the date of receipt. At the same time, the reasons for the return are not established by law, that is, they can be any. The period established by the legislation of the Russian Federation is extended to three months, if, when transferring the goods, information about the procedure and timing of its return was not communicated to the buyer in writing.

The return of a quality product is carried out if the following remain unchanged:

marketable condition;
consumer properties;
a document confirming the purchase of goods and the accompanying conditions of the transaction (cash register, sales receipt, receipt). If the specified document is absent, regardless of the reasons, the consumer has the right to provide other evidence in his possession of the purchase of goods from a particular seller.

In accordance with Art. 18 of the Law "On Protection of Consumer Rights", a buyer to whom a product of inadequate quality has been sold, if this was not agreed by the seller, has the right, at his choice, to demand:

gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the buyer or a third party;
a commensurate decrease in the purchase price;
replacement for goods of a similar brand (model, article number) or for the same goods of another brand (model, article number) with a corresponding recalculation of the purchase price. At the same time, in relation to technically complex goods (smartphones, watches, household appliances, etc.), these requirements of the buyer are subject to satisfaction in case of significant deficiencies.

In addition, the buyer, instead of presenting the listed requirements, has the right to refuse to fulfill the contract and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the buyer must return the defective product.

If the return of the amount paid by the consumer in accordance with the contract is not carried out simultaneously with the return of the goods, the specified amount is returned to the consumer in one of the following ways:

in cash at the location of the seller;
by postal order;
by transferring the appropriate amount to the buyer's bank or other account specified by the buyer.

The seller shall bear the costs of the return of the amount paid by the consumer in accordance with the contract.

Elena, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best!

Apple smartphones are a hot commodity: they are expensive and in high demand. Unfortunately, dishonest people do not miss the opportunity to cash in on iPhone buyers, and often outright criminal schemes such as the one we will talk about today are used.

An attacker buys a cheap Android smartphone from a site like AliExpress that looks exactly like an iPhone, and then goes to a regular store and buys the exact same model, only the real one. Then he publishes on a flea market like Avito or "Yula" an advertisement for the sale of an iPhone in perfect condition and with a big discount (10-20 thousand rubles cheaper than in a store). He makes an appointment with a potential buyer and takes with him two smartphones: a real iPhone and a fake one, both with SIM cards inserted. The fraudster will need an accomplice who, upon seeing a predetermined gesture, will have to call the iPhone.

The seller allows the buyer to verify the "purity" of the product: to verify the serial number, IMEI, check the unlink from Find my iPhone and the ability to log into iCloud; you can even check the quality of the connection. The buyer is satisfied with everything, and he is already reaching for his wallet to give the money, but at this moment the seller gives his accomplice a prearranged signal. A ringtone sounds on the iPhone, the seller apologizes, says that he got a call on an important matter, answers the call and pretends to talk about something boring, which will lull the victim's vigilance. After the end of the conversation, the seller casually puts the iPhone in a bag or inside pocket, and then pulls it back out with the words that he removed it out of habit.

The seller offers to complete the transaction, takes out the SIM-card, puts the carefully checked smartphone in the box, gives it to the buyer, takes the money, puts it in the wallet and leaves in an unknown direction. His earnings were ... the difference between the price of the original iPhone and the fake, minus the discount he made for not being new.

At home, the buyer discovers that he was sold a fake, which costs 5 thousand rubles at best and, most likely, will guess at what moment the substitution took place - when the fraudster removed the real iPhone, took out a fake instead of it and put it in a box. It will be very difficult, if not impossible, to prove the fact of fraud, because the police or the court may assume that the buyer himself changed the smartphone, and now slanders an honest person.

What happened in the end? The fraudster sold a cheap Android smartphone at the price of an iPhone and became richer by several tens of thousands of rubles. In addition, he still has the original iPhone, which he can either use again to sell fake, or throw it off at a flea market or in a pawnshop at a market price.

It is very easy to protect yourself from this divorce. Now you know in what scenario the scammers work, and even if some of the nuances differ, in a similar situation you will still have an understanding that they are trying to heat you up. But the most important thing is that before you give money for a product, take it again, do not let go of your hands and re-check if this is really what you need. If at this moment the seller starts to get nervous or tries to take your smartphone away from you, this is a clear sign that he is not at all interested in a fair deal.

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