Legal Question in Business Law in California
Trademarks
Can a person sell handbags or clothing with names and trademarks on them if the seller specifies that the merchandise is a replica and does not come from the manufactoring name on the merchandise (such as fendi or gucci etc.)?
4 Answers from Attorneys
Re: Trademarks
that's infringement and illegal. that's the whole purpose of the protection, so someone can't rip off your name to sell merchandise.
Re: Trademarks
Only if you want to get sued! You are violating their rights by selling the "knock-offs" and your verbal assurances don't negate that. Good luck.
Re: Trademarks
No.
Re: Trademarks
The only problem you avoid by specifying that the article is a knock-off is prosecution for fraud. The trademark violation is not rectified by its admission.
An example that comes to mind is that admitting running over a pedestrian avoids the hit-and-run charge, but you're still stuck with liability.
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