Legal Question in Business Law in New York
selling handbag replicas online
Hi, I would like to know if there are any repercussions for those who sell handbag replicas online. Is it considered a crime? How about if the seller is not a US Citizen, but a green card holder?
Thank you for your time!
3 Answers from Attorneys
Re: selling handbag replicas online
This is trademark infringement. It's not usually punishable with criminal penalties, but it IS a trampling on the rights of the trademark holder, and the trademark holder is entitled to civil remedies against the infringer (i.e., the payment of LOTS of money, injunctions, destruction of infringing goods, possibly treble damages, attorneys' fees, etc. etc. etc). Citizenship status doesn't matter.
Re: selling handbag replicas online
This is serious business. I am assuming that the product either infringes on a federal Trademark or patent. If it is clear to all through the look and make that it is not a trademark infringement you have a better chance.
If it is something that is a knock off, you can be charged criminally in federal court and face up to five years in Jail. Then there are the potential civil penalties.
Good luck.
Re: selling handbag replicas online
Selling knock offs gives rise to numerous civil torts and potential criminal liability, partly because you don't have the right to use those trademarks. Penalties just for infringing a federal trademark are very high and include attorney fees for enforcement.
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