Legal Question in Business Law in Georgia

Is it legal to sell replicas in Georgia, such as handbags and clothing?


Asked on 5/07/11, 1:03 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you mean replicas of brand name items, that is a criminal offense under state and federal law.

Under federal law, plan to go to jail for a very long time. Federal law provides "Whoever; [1] intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000. "

Some state criminal statutes could apply as well.

You can also be sued in civil court for all your profits, plus a reasonable royalty; and/or statutory damages of $500 to $100,000 per counterfeit trademark, and as much as $1 million per mark for willful violations (usually a plaintiff must elect between statutory damages and actual damages in these types of actions).

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Answered on 5/07/11, 5:26 pm


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