The conviction is for a crime against industrial property, following an attempt to introduce 380 counterfeit garments valued at 9,500 euros onto the island. The imposed penalty took into account undue delays in the proceedings, and the destruction of the seized merchandise has been ordered.

The events date back to January 2020, when the Tax Agency halted the entry of the garments into Tenerife. After contacting the affected brands, it was confirmed that the products caused confusion and were indeed fakes, leading to a formal complaint.

The company involved was engaged in wholesale and retail trade, as well as import and export. Its responsible party is accused of manufacturing large quantities of products that imitated trademarks and signs legally protected by public registries.

The accused attempted to introduce 230 t-shirts, which would have yielded nearly 7,000 euros, and 150 pairs of trousers, expected to generate almost 5,000 euros, resulting in an estimated profit of 9,500 euros after deducting costs.

During the judicial process, the accused claimed procedural delays, arguing that the investigation concluded in December 2022 and his statement was not taken until September 2023. The Court responded that successive extensions were granted and that, although his declaration as an individual was late, he was aware of the facts as the legal representative of the convicted company.

The defendant also alleged working with a brand of a similar name to the counterfeit one, but it was proven that he was a supplier for the latter and knew the name from a magazine, not from clothing items. The Court noted that both were widely known fashion firms, indicating an intent to deceive.

Regarding his status as a supplier, it was found that the registration application for the similar brand was made five months after the merchandise was seized. Expert reports confirmed that the seized garments bore denominations, graphic marks, and signs of characteristics similar to authentic items, validating the imposed fine.