由 caicai8478 Topic 1: Legal risks and key points of intellectual property compliance
Core issue: Counterfeit brand clothing may involve trademark and copyright infringement, and legal risks need to be avoided.
Things to note:
Clearly define the nature of counterfeit brands
High imitation (1:1 copy): Direct infringement of the brand’s intellectual property rights, may face customs seizure and litigation in Canada (such as LV, Nike and other brands have strict rights protection).
Border ball design (slightly changed logo/name): It may still be judged as infringement, and you need to consult an intellectual property lawyer to assess the risk.
Legal consequences in Canada
According to the Canadian Trademark Act and the Copyright Act, infringing goods may be destroyed, and importers may face fines (up to 100,000 Canadian dollars per time) or criminal liability.
The Canadian Border Services Agency (CBSA) has the right to proactively intercept suspicious goods, especially small packages from express delivery channels such as DHL/UPS.
Risk avoidance suggestions
Choose “white label” clothing without brand logos for export, or cooperate with local Canadian niche brands for OEM.
If you must export counterfeit goods, it is recommended that customers provide a brand authorization letter (which is difficult to obtain in practice), or clearly inform the end buyer of the legal risks (such as the e-commerce platform marking “non-genuine”).
Topic 2: Logistics selection and customs clearance strategy
Core issue: Counterfeit goods are easily inspected by customs, and the logistics chain needs to be optimized.
Key points:
Transportation channel selection
Commercial express (DHL/FedEx): high inspection rate (about 30%), but fast speed (3-5 days), suitable for small batch trial orders, need to be declared as “sample” or low-value goods (such as “Generic Clothing”).
Ocean freight line: low inspection rate (about 10%), low cost, but long cycle (30-45 days), it is recommended to mix other compliant goods to diversify risks.
Customs clearance document skills
Avoid using brand names on invoices, use neutral descriptions (such as “Men’s Printed T-Shirt”).
The declared value is appropriately reduced (such as less than $10/piece), but it must meet the minimum tariff threshold in Canada (usually less than 20 Canadian dollars is tax-free).
Anti-inspection plan
Prepare “pro forma invoice” and “goods list” in advance. If the goods are detained, you can try to pay the customs duties or apply for return (to avoid destruction).
The cooperative customs clearance agent must be familiar with Article 99 of the Canadian Customs Act (process for handling infringing goods).
Topic 3: Canadian market positioning and competitive strategy
Core issue: The demand for counterfeit brand clothing in Canada is clear but the competition is fierce, and differentiated operations are required.
Implementation strategy:
Target customer analysis
Price-sensitive groups: Promote through Facebook groups and TikTok stores, emphasizing “Designer Inspired” rather than direct counterfeiting.
Subculture market: such as hip-hop and street dance groups, provide customized counterfeit brands (such as modifying prints to avoid infringement).
Channel selection
Independent station + SEO: Avoid selling on platforms such as Amazon and eBay (easy to be removed from the shelves), build a website through Shopify and place Google Ads (keywords such as “Affordable Luxury T-Shirts”).
Offline distribution: Cooperate with Chinese clothing wholesalers in Toronto and Vancouver, and cash transactions reduce traceability risks.
Long-term transformation suggestions
After accumulating customers, turn to independent brands, use the counterfeit supply chain to quickly make samples, but register your own trademark (if you apply through the Canadian IPO official website, the fee is about $250-400).
Summary: Exporting counterfeit clothing to Canada requires a three-pronged approach of “legal avoidance + logistics optimization + market segmentation”, giving priority to reducing risks through neutral packaging and compliance declaration, and gradually turning to a legal business model.