Italian Supreme Court, Criminal Division: Counterfeit Football Shirts and the Criminal-Law Protection of Club Logos.

By judgment No. 10236/2026, the Italian Supreme Court of Cassation confirmed the criminal relevance of the sale of shirts bearing counterfeit logos, emblems or distinctive signs of football clubs.

The case concerned the conviction of an individual for trading in goods bearing false signs and for handling stolen goods, following the possession for sale of garments reproducing elements attributable to football teams. The defence argued that the signs at issue were not genuine trademarks, but merely images, wording or references to football players and sports clubs.

The Supreme Court rejected that argument, reaffirming that professional football clubs also operate as commercial undertakings and may register and economically exploit their distinctive signs. Logos and emblems affixed to official sportswear therefore do not perform a merely decorative function, but serve to identify products connected with the reputation and commercial activity of the club.

On this basis, the Court confirmed the applicability of Article 474 of the Italian Criminal Code: possession for sale of shirts bearing counterfeit football trademarks constitutes the offence of trading in goods bearing false signs.

The Court also held that the conviction for handling stolen goods was properly reasoned, taking into account, inter alia, the defendant’s failure to indicate a lawful origin of the goods.

Finally, the Court excluded the applicability of the ground of non-punishability based on the particular tenuousness of the offence. According to the judges, the number of counterfeit products and the defendant’s specific prior convictions precluded the conduct from being characterised as minimally harmful or merely occasional.

The ruling therefore confirms a well-established approach: official sports merchandising is fully protected also under criminal law, and the unauthorised reproduction of club signs may give rise not only to civil liability and liability under the Italian Industrial Property Code, but also to criminal liability under the Italian Criminal Code.