Legal Question in Business Law in Connecticut

Replicas

Hi,

I would like to know if it is illegal to sell ''Replica'' watches. Replica Tag Heuers and Guccis to be exact.

I would like to create a web site selling these but need to know if it is legal.

I have found many hundreds of web sites selling these watches and they all have a disclaimer saying that the watches they sell are ''replicas'' and that they in no way are trying to represent the actual product.

Could you please let me know.

Thanks,

C


Asked on 4/11/02, 12:18 am

1 Answer from Attorneys
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: Replicas

The real issue is trademark and trade dress infringement.

The GUCCI and TAG HEUERS are registered trademarks of Gucci America Inc. and Tag Heuers S.A. Corp., respectively.

Gucci America Inc. and Tag Heuers S.A. Corp. have the exclusive right to use their marks in association with watches, as well as other goods. If you sell watches using these trademarks or trade dress (trade dress is the distinctive style associated with these goods), Gucci America Inc. and Tag Heuers S.A. Corp.

are well within their rights to demand that you cease and desist your activity. They would also be entitled to all of your profits � at the very least.

A disclaimer saying that the watches are �replicas� is not the basis for a �fair use� argument; these trademarks are famous and clearly belong to other parties.

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Answered on 4/11/02, 9:59 am


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