Legal Question in Intellectual Property in Indiana

copywrite/trademark infringements on designer merchandise

I've been hearing a lot about ''purse parties'' lately, and I would like to know the legalities of these. I understand the issues of selling merchandise that is not authentic as the real thing. However, if you clearly make the customers aware that the merchandise is not authentic is it then o.k. to sell the ''knockoff'' items? How can you legitimately sell these items in a novelty setting - Or are these vendors I know just asking for trouble? Thank you.


Asked on 3/07/04, 7:54 pm

1 Answer from Attorneys
D. Alexander Floum, Esq.

Re: copywrite/trademark infringements on designer merchandise

They are just asking for trouble. Even if the purchasers know the products are knock-offs "just for fun", people they run into may not know that. This could create "secondary interest confusion." In other words, without the manufacturer's permission, this is likely trademark infringement.

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Answered on 3/08/04, 12:23 pm


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