Legal Question in Business Law in Connecticut

Replicas...One more time.

I have seen several responses from the Lawyers on this site regarding the legality (or lack thereof) of selling replica watches. Not one of the responses points to any specific law governing the illegality of this practice. I understand that trademark and patent issues are pursuant but to what degree?

Also, it is my understanding that there are loopholes to the laws regarding the distribution/sale of replica items (watches to be exact) when said item is presented as such and is not fraudulently represented by the seller.

Could someone on this site please present an ''exact'' statute making it resoundingly clear whether this is legal or not.

Thank you.


Asked on 6/03/02, 4:07 am

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

Re: Replicas...One more time.

Assuming from your question that you want to sell and distribute these replica watches, have an IP attorney give you an opinion as to whether the replicas are infringing upon any third party's trademark or trade dress.

The "legality" or "illegality" of selling

"replicas" is based largely in intellectual property law --- namely trademark, copyright and patents. The ownership by a third party of any trademark or trade dress you wish to use in these replicas will prevent you from selling the replicas unless you negotiate a license to use such trademark/trade dress. If you went ahead and used a trademark belonging to a third party w/o permission, the legal owner would be in position to sue your for infringement and, if successful, could get all of your profits plus treble damages.

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Answered on 6/10/02, 3:58 pm


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