Legal Question in Business Law in Michigan

selling replicas purses

Still confused, if the purse is similar(not identical) is that infringing on the trademark?And the consumer is aware that it is a replica. Whats the difference if I sell a trademark item at a yard sale for a profit?

Does whether they are new or used make a difference? Department stores are always designing and selling replicas. How would it not be illegal to sell a replica?


Asked on 5/15/07, 11:07 pm

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: selling replicas purses

It depends on how close of a replica the purse is, like if it says "Coach" on it when it is not really a Coach. There are "designer inspired" purses, which look similar to authentic purses in style or color, but do not contain any symbols or lettering, so there is no confusion and these are generally not illegal. But if the purse has "C" or "LV" all over it, and it is not authentic, chances are that is infringing on the trademark/copyright of that particular brand of purse and would be rendered an illegal counterfeit.

Even if the consumer is aware that it is a replica/fake purse, it still an illegal item, so you are committing a crime by selling it, which is why "purse parties" are generally illegal and people have been busted for having them.

And there is no difference if you are selling a new or used replica purse - it is still illegal if it infringes on the copyright or trademark.

And no, department stores do not sell replica purses - you would never see a purse that looked like a Coach or Louis, but wasn't authentic, for sale at a department store.

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Answered on 5/16/07, 10:45 am
Regina Mullen Legal Data Services, PLC

Re: selling replicas purses

Sell the replica, pay the licensing fee to the company like department stores do.

This is not a problem in a true garage sale.

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Answered on 5/24/07, 2:51 pm


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