Legal Question in Intellectual Property in Texas

Re: '' Replica '' Watches, Purses, bags and Sunglasses

The question is one of likelihood of confusion. If the seller prominently displays the term "replica", the consumer is less likely to be confused as to source. Whether such use avoids liability for trademark infringement is a matter of how successful the seller is in avoiding confusion. That is best determined by viewing the steps the seller has taken to make it clear that what is being sold is a copy and not an original.

Trademarks do not protect against copying of inventions. Patents do that, and patents eventually expire. So there always comes a time when the patents expire and the invention can be copied provided the labelling does not infringe trademark rights.

You must admit that if you see "Rolex REPLICA...this is a copy not a real Rolex", there is probably not trademark infringement of the name. There may, however, be a product shape or "trade dress" trademark that is infringed by copies, but that is another issue and is one you would need to take up with an experienced trademark lawyer.

If you have a specific situation in mind and want legal advice, call write or email me.