Legal Question in Business Law in California
Selling replica products
I am thinking of running a business that was to sell replicas of name brand products. What are the legal ramifications if I where to do this? For example I were to sell a replica of a ''Rolex'' watch and informed the consume that it was a replicated ''Rolex'' or a replica of a ''Coach'' purse. Please inform me
4 Answers from Attorneys
Re: Selling replica products
Your activity most certainly will lead to you being a defendant in a design patent infringement case. The companies you mentioned spend millions of dollars annually to stop copying of their propriety designs and use of their copyrighted names. You can imagine how much such copying, or as they would say, "Pirating," costs them in sales each year. My advice: STOP IMMEDIATELY and hope they have not already targeted you for an enforcement action.
Re: Selling replica products
you might also end up in jail. just get a job.
Re: Selling replica products
Extreme caution must be used, but there are ways of doing this that are perfectly legal. You cannot simply put label that says "Fouglex" or something like that.
Joel Selik
800-894-2889
www.4thelaw.com/services3.html
Re: Selling replica products
You are proposing to tread in a minefield where you not only need to consider fraud charges, only partially defused by telling buyers it's a fake, and trademark/copyright infringement suits, etc.
You should not attempt this businessuntil you have retained and consulted in depth with an attorney who is experienced in this sub-specialty of the law.
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