In brief
Powered by the excitement surrounding the 2026 FIFA World Cup, the Colombian market has seen a rise in the sale of counterfeit jerseys and sporting goods. Far from being mere “replicas,” these products often incorporate registered trademarks and copyrights without authorization, infringing on intellectual property rights and unduly capitalizing on the prestige of well-known brands. In addition to affecting the sales and reputation of trademark owners, this activity can mislead consumers and expose them to low-quality products. Furthermore, counterfeiting is often linked to crimes such as smuggling, aiding and assisting smuggling, and money laundering. Therefore, it is essential to verify the authenticity, origin, and documentation of merchandise before purchasing, storing, or selling it.
Why should your company care?
Many companies assume that the risk is limited to those who manufacture counterfeit products. However, authorities may also investigate those involved in the distribution or marketing chain when there are irregularities regarding the origin or authenticity of the goods.
In this context, a company may be exposed to legal, financial, and reputational risks due to:
- Selling trademarked products without authorization
- Purchasing goods from suppliers without sufficient traceability
- Storing or distributing products of irregular origin
- Operating with incomplete or inconsistent documentation
Key alert signs
Not all irregular merchandise is easy to identify. However, there are certain signs that may indicate risks related to counterfeiting, smuggling, or the sale of products of suspicious origin:
- Products from well-known brands offered at prices significantly below market value
- Suppliers who cannot verify the origin of the merchandise
- Absence of invoices, import documents, or shipping documents
- Obvious differences in labels, packaging, logos, or materials
- Goods whose authenticity cannot be reasonably verified
Detecting these signs early can make the difference between a legitimate transaction and a potential investigation by the authorities.
How can risks be reduced?
Before purchasing or selling these types of products, it is recommended that you:
- Verify the legitimacy of suppliers and distributors
- Review documentation supporting the origin of the goods
- Implement validation and traceability procedures
- Train purchasing, procurement, and logistics departments on warning signs
- Promptly assess any situation that may pose a criminal or reputational risk
How can we help?
Through our Corporate Criminal Law practice, we advise companies on identifying, preventing, mitigating, and managing risks associated with the following actions:
- Internal investigations and contingency management
- Designing protocols for criminal risk prevention
- Representation in criminal and administrative proceedings
- Training for company personnel and authorities regarding the authenticity of registered trademarks
- Campaigns to prevent the misuse of trademarks and industrial property, smuggling, and aiding and abetting smuggling
The implementation of due diligence mechanisms and preventive controls significantly reduces exposure to criminal and reputational risks. Our team provides specialized advice to protect your company’s operations, strengthen your compliance processes, and ensure that your actions are in full compliance with the law.
Gabriela Mesa and Santiago Jaramillo, Associates, have contributed to this legal update.