Legal Question in Intellectual Property in Texas
Is it illegal to sell fake namebrand products if you post a sign that states that
the product is a knockoff ?
Thank you for your help.
2 Answers from Attorneys
In a word, yes.
Selling fake name brand products infringes the trademark of the name brand's owner, even if a sign is conspicuously posted stating that these products are knockoffs. Trademark infringement, especially willful trademark infringement, is not something you want to do; the remedies that the trademark holder may be entitled to are pretty stiff.
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I agree with the previous answer and would like to add that in addition to trademark infringement, selling "fakes" very well may constitute trafficking in counterfeit goods, which carries hefty civil and criminal penalties.
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