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.


Asked on 11/03/09, 11:40 am

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

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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Answered on 11/17/09, 2:53 pm
Sarah Grosse Sarah Grosse, Esquire

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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Answered on 11/17/09, 11:34 pm


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