Legal Question in Criminal Law in Michigan

replicas/handbags

I own a business and I would like to sell designer handbags (replicas) is this legal?


Asked on 1/02/09, 2:53 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: replicas/handbags

Most likely no. If the bags look too much like an authentic bag, they are considered counterfeit as they infringe on protect trademarks. There is a fine line between counterfeit bags and legal replica bags, and it's not something that can be answered here. Most of the persons who engaged in "purse parties" and sell handbags are doing so illegally, and some have been caught and prosecuted.

If the purses simply look similar to an authentic bag, and do not contain the brand name or any protected trademarks (like symbols, designs, etc.), then they are likely legal. An average person has to be able to tell that they are replicas and not authentic. If a replica contains the word "Coach," for example, then it is illegal.

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Answered on 1/04/09, 1:29 pm


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