Legal Question in Business Law in Louisiana

Re: selling replicas online

In general, trademarks, logos, etc. are all items of property usually owned by individuals or corporations. As such, in order to use these items, or sell these items, the law requires that the owners be compensated in some way.

Whether you can or cannot sell the items you are selling will likely depend on the circumstances surrounding your site and your source of these goods. What amount are you charging for the items - are you charging significantly less than the regular retail price? Where are you buying the items to sell - are you buying them at an unreasonably discounted price? From an ordinary vendor of these items?

These factors - and more - will likely help a court determine whether you were acting in "good faith" or "bad faith," and this may be a critical element in determining whether you can be held liable for your online store.

To be honest, however, without more information about these replicas (what they are, how you acquired them, how you sold them, etc.), it is difficult to answer this question for you. Please feel free to repost further details, or contact my office if we can be of any further assistance.

Good luck.

Re: selling replicas online

Scott is correct, the specific facts of your situation will dictate your options. If you are currently being sued, you need representation now so you can protect yourself as much as possible. You won't find that many attorneys in La. familiar with these issues; Scott and I are two of them.