Legal Question in Technology Law in New York

Is it illegal to sell replica designer stuff in an online auction?

Hello,

Is it illegal to sell imitations in an online auction? For example, there are alot of imitation designer bags for auction on Ebay.com, the famous online bidding market place.

I want to see, if it is illegal for a buyer to buy imitation online, and a seller to sell imitations online.

Here is the situation, I bought a bag online, and I believe it is an imitation, and now I want to sell it, using ebay. If I just put the description of the bag, with the designer's name, but NOT mentioning that the bag is authentic. Is it ok?

Thanks,

Tak


Asked on 7/14/03, 4:35 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Is it illegal to sell replica designer stuff in an online auction?

It is a civil wrong if you are selling a bag claiming to be manufactured by an original designer when it is in fact an imitation. This is fraud. And just because someone else defrauded you does not justify your actions.

It may also be criminal to fraudulently and intentionally misstate the true nature of the product that you are selling.

To be legal, you must state that the bag is an imitation.

Mike.

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Answered on 7/14/03, 5:08 pm


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