Legal Question in Business Law in Iowa
Is it legal to sell replica handbags if you state that they are replica. I have read both ways...
Asked on 8/21/10, 1:29 pm
2 Answers from Attorneys
Thomas Moens
Moens Law Offices, Chartered
Most manufacturers and designers protect their design and/or name. So for any handbag that would be worth duplicating, the answer is no, it would violate the intellectual property rights of the manufacturer or designer or both.
Answered on 8/26/10, 1:53 pm
Kevin B. Murphy
Franchise Foundations, APC
The other attorney is right on point. Selling knock-offs, whether it's Rolex watches or handbags infringes on trademark and other intellectual property rights - such as design patents. It's an invitation to get sued and as soon as their attorneys find out, they will come after you. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Answered on 8/26/10, 2:24 pm
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