COUNTERFEITING · COMMERCIAL FRAUD · TRADEMARK PROTECTION

Italian Counterfeiting Defense Lawyer in Milan

Specialist criminal defense in proceedings for trademark counterfeiting, introduction of goods bearing false marks, commercial fraud and sale of non-genuine industrial products. Confidential consultation within 24 hours.

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Milano Centro Absolute Confidentiality Experience under Leg. Decree 231

The situations we face every day

The Firm assists entrepreneurs and directors daily in contexts of high criticality.

Warehouse and customs goods seizure

Warehouse or border seizure can block business operations: the review must be filed within 10 days of execution.

Aggravated art. 474 c.p. charge

Introduction of products bearing counterfeit marks into national territory is punished up to 4 years: recidivism and aggravating factors can significantly increase the penalty.

Luxury brand reports and civil actions

LVMH, Kering and other luxury groups systematically activate the Customs Agency and GdF: defense must act on multiple fronts (criminal, civil, customs).

E-commerce and dropshipping liability

Online sellers who unknowingly market counterfeit products face criminal liability: good faith must be demonstrated with precise documentation.

How we protect you

Review of customs or warehouse seizure

Review application to the Liberty Court within 10 days, with documentation on goods origin and absence of the subjective element.

Good faith subjective element defense

Demonstration of good faith purchase through invoices, customs documentation, supplier correspondence and authenticity certifications.

Management of criminal-civil dual track

Coordination of criminal defense strategy with civil strategy (opposition to civil law seizures, brand owner damage claims).

Defense for e-commerce operators

Supply chain analysis, review of contracts with Chinese or foreign suppliers and setting up compliance protocols to avoid future claims.

Counterfeiting crimes are governed by arts. 473-474 c.p. (trademark and distinctive sign counterfeiting) and arts. 515-517 c.p. (commercial fraud, sale of industrial products with misleading marks). The subjective element — awareness of the counterfeit nature of the goods — is central to the defense strategy.

Regulatory framework

Offense	Art. c.p.	Penalty
Trademark and sign counterfeiting	art. 473	6 months – 3 years
Introduction of products with false marks	art. 474	1–4 years
Commercial fraud	art. 515	up to 2 years
Sale with misleading marks	art. 517	up to 2 years

Preventive seizures and review

Warehouse or consignment seizures are common in counterfeiting crimes. The review application to the Liberty Court must be filed within 10 days of execution. Typical grounds for acceptance: absence of subjective element (good faith in purchase), formal defects in the order, disproportion between seizure and charge.

Subjective element: good faith and lack of awareness

The counterfeiting offense requires awareness of the counterfeit or non-genuine nature of the product. Good faith purchase, documented by regular invoices, supply contracts and commercial correspondence, excludes intent. Many e-commerce and wholesale operators are unjustly involved in proceedings based on goods purchased without knowledge of counterfeiting.

Recent cases successfully resolved

Case A – Textile importer

Seizure of 15,000 clothing items with counterfeit marks. Aggravated art. 474 c.p.

Review accepted. Good faith demonstrated with customs documentation. Case dismissed.

Case B – Online marketplace seller

Charge for selling counterfeit luxury accessories on e-commerce platform. Account seizure.

Acquittal for absence of intent. Third-party supplier identified as responsible.

Case C – Accessories manufacturer

Art. 473 c.p.: production of bags with signs similar to registered trademarks. Machinery seizure.

Favorable plea bargain. Machinery partially returned. Reduced fine.

The Firm's Method

Initial confidential consultation

First meeting within 24 hours: case analysis, risk assessment and defense strategy.

File access and technical analysis

Access to the investigation file, appointment of expert witnesses, in-depth documentary and financial analysis.

Tailored defense strategy

Preparation of defense briefs, precautionary applications, appeals to the Liberty Court or pre-notitia criminis interventions.

Representation at all court levels

Representation at trial, appeal and Supreme Court; parallel management of any 231 proceedings.

Our Team