Is it legal to sell replica or knock-off design - Q&A - Avvo can you sell replica rolex on ebay

Is it legal to sell replica or knock-off designer purses IF you clearly state that they are NOT real or authentic Roy, WA | May 16, 2010 I am considering buying a bunch of replica handbags, with the intent of reselling them & making it VERY CLEAR that they are not authentic or real, just look-a-like/replica. Is this illegal in Washington?

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5 attorney answers Daniel Nathan Ballard 4.0 stars 16 reviews Intellectual Property Law Attorney | Carmichael, CA Posted May 16, 2010 7:46pm Mark as best answer Best Answer Thanks!

Selling brand name "replica" products is unlawful throughout the United States. Informing the consumer that your product is a "replica" does NOT protect you from infringement liability and, in fact, it is an ADMISSION that you're selling counterfeit product. If you want to handbags then create your own.

Ask a similar question More 2 found this answer helpful helpful votes | 1 lawyer agrees Mark as helpful Helpful 0 comments Pamela Koslyn 5.0 stars 23 reviews Business Attorney | Los Angeles, CA Call Reveal number tel: 323-467-2200 Posted May 17, 2010 4:47am Mark as best answer Best Answer Thanks!

It's an illegal business model everywhere, under federal law which applies to all the states. What you do when you create a replica of a trademarked brand of handbag, even when you clearly label it a fake, is to trade on and business away from that brand. That brand invested time and money to create consumer awareness in that brand, and offering consumers a "knockoff" of that brand, is trademark infringement.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Ask a similar question More 0 found this answer helpful helpful votes | 1 lawyer agrees Mark as helpful Helpful 0 comments Kevin Richard Martin 5.0 stars 2 reviews Trademark Infringement Attorney | Oakland, CA Call Reveal number tel: 510-924-0169 Message Private message Posted May 19, 2010 12:27am Mark as best answer Best Answer Thanks!

In addition to the answers above, you may also be committing trade dress infringement, that is selling product which bears confusing similarity to other name-brand items. More and more, name brand vendors are coming after "knock-off" merchants because they essentially cut into their business. Why buy the real thing when you can get something closely similar at much less. Bad idea all around.

Ask a similar question More 0 found this answer helpful helpful votes | 1 lawyer agrees Mark as helpful Helpful 0 comments Joseph Christopher Gioconda 5.0 stars 2 reviews Trademark Infringement Attorney | New York, NY Call Reveal number tel: 212-235-1220 Message Private message Posted May 19, 2010 7:51pm Mark as best answer Best Answer Thanks!

If you sell products that bear a design and/or logo that is likely to cause confusion among customers, you may be guilty of trademark counterfeiting and/or "trade dress" infringement. Depending on the product, that can even be a crime in Washington, where you are located.

The underlying legal theory is that, even if you disclose that it is a knockoff to the consumer, there is no bar to confusion occurring after the point of sale. For example, if a woman carrying a knockoff purse to a cocktail party knows it is fake, but others viewing it believe it is real, they may be less likely to purchase the real thing -- either because the quality of the knockoff is shoddy, or because the value and prestige of the original has been diluted.

Think about it for a moment -- if anyone could openly wear a fake Rolex to a business meeting, but only they have the knowledge that it is fake, why would anyone spend $10,000 on the real thing anymore?

My suggestion is that you don't sell "replica" handbags, but can-you-sell-replica-rolex-on-ebay-rid-0.html. hublot replica watches ebay consider selling the original products of some new designer, who is trying to make a name for him or herself.

Ask a similar question More 0 found this answer helpful helpful votes | 1 lawyer agrees Mark as helpful Helpful 0 comments Joseph Christopher Gioconda 5.0 stars 2 reviews Trademark Infringement Attorney | New York, NY Call Reveal number tel: 212-235-1220 Message Private message Posted May 19, 2010 7:51pm Mark as best answer Best Answer Thanks!

If you sell products that bear a design and/or logo that is likely to cause confusion among customers, you may be guilty of trademark counterfeiting and/or "trade dress" infringement. Depending on the product, that can even be a crime in Washington, where you are located.

The underlying legal theory is that, even if you disclose that it is a knockoff to the consumer, there is no bar to confusion occurring after the point of sale. For example, if a woman carrying a knockoff purse to a cocktail party knows it is fake, but others viewing it believe it is real, they may be less likely to purchase the real thing -- either because the quality of the knockoff is shoddy, or because the value and prestige of the original has been diluted.

Think about it for a moment -- if anyone could openly wear a fake Rolex to a business meeting, but only they have the knowledge that it is fake, why would anyone spend $10,000 on the real thing anymore?

My suggestion is that you don't sell "replica" handbags, but consider selling the original products of some new designer, who is trying to make a name for him or herself.

Ask a similar question More 0 found this answer helpful helpful votes Mark as helpful Helpful 0 comments
can you sell replica rolex on ebay

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Selling Replica Rolex's and Luxury Bags/Shoes?!? Discussion in ' Making Money ' started by KT1990 , Apr 21, 2014 .

Apr 21, 2014 #1 KT1990 BANNED BANNED Joined: Mar 13, 2014 Messages: 319 Likes Received: 68 I have a friend who owns a few sites with domains in other countries who is very successful at selling replica Rolex's and luxury bag/shoes etc. I can get really cheap prices (price he buys for) and was thinking about trying to sell a few. Is listing replica Rolex's or (you might hate me saying this) selling them as real Rolex's a bad idea? That probably sounds like a stupid question obviously it's bad, but how bad? Any way I could sell without having to open my own site an taking away a friends (online friend not personal) business? Honestly they are the greatest replicas you will ever see, I have two, took them to the luxury watch shop to get links taken out so they fit, told the guy that I got them both as an inheritance, and he believed they were both real. Same weight, Swiss mechanisms etc. Just want to know a safe way to sell? Also can get luxury hand bags, luggage, shoes etc. Really high quality.   Advertise on BHW Apr 21, 2014 #2 imnotanoob Registered Member Joined: Apr 23, 2012 Messages: 84 Likes Received: 3 It's not worth it to sell as real, that's just counterfeit and is fraud. Don't do it.   Apr 21, 2014 #3 Ldfroberson Newbie Joined: Dec 23, 2013 Messages: 26 Likes Received: 6 Occupation: Self-Employed. Location: Madison, WI. I know this is a blackhat forum, but selling fake rolex's as real ones is not the smartest thing in the world to do. Or the most legal. It's misrepresentation..   Apr 21, 2014 #4 KT1990 BANNED BANNED Joined: Mar 13, 2014 Messages: 319 Likes Received: 68 What about selling as replicas or fakes? Is that illegal? If I made a listing on Ebay making it very clear it's a replica?   Apr 21, 2014 #5 Agera Junior Member Joined: Apr 8, 2014 Messages: 131 Likes Received: 90 "You might hate me saying this" but it's unethical and fraudulent.   Apr 21, 2014 #6 KT1990 BANNED BANNED Joined: Mar 13, 2014 Messages: 319 Likes Received: 68 Agera said: ↑ "You might hate me saying this" but it's unethical and fraudulent. Click to expand... I don't think anyone here cares about the unethical part. Half the methods on here are unethical.   Apr 21, 2014 #7 KT1990 BANNED BANNED Joined: Mar 13, 2014 Messages: 319 Likes Received: 68 Can you sell on Ebay if I made sure people know that they are replicas?   Apr 22, 2014 #8 just-buyin-stuff Registered Member Joined: Jun 30, 2013 Messages: 94 Likes Received: 44 Pretty sure "replicas" are banned on ebay and unless you have a great ebay account with lots of feedback your auction will probably just get taken down. Plenty of sites out there selling rep watches and some of them have a heck of a markup. So sure give it a try. If you wanna go around flat ripping people off first don't buy rolex's because everyone assumes they are fake. Buy other high end watch fakes and hit the pawn shops or cl.   Apr 22, 2014 #9 java Guest The answer is no, you can't sell them on eBay no matter how clear you make it that they are replicas. The listings will be taken down and you will be banned pronto. The problem with selling counterfeit goods is 1. Finding a way to get paid since traditional payment systems won't touch you. 2. Hosting and advertising your goods since most hosting companies will shut you down if they find out.   Apr 22, 2014 #10 AlreadyBanned BANNED BANNED Joined: Sep 13, 2013 Messages: 873 Likes Received: 139 Why is it that every new member or a newbie here comes up with a plan like this and often say that this is blackhatworld and every thing is allowed. As far as i know, BHW is the most strict and honest forum in the world. If you want to sell fake stuff, go to some other forums my boy!   Thanks x 1 Apr 22, 2014 #11 srb888 Elite Member Joined: Jul 30, 2008 Messages: 3,263 Likes Received: 5,077 Gender: Male Occupation: WebzSurfer Location: Sun, Mon, Tue, WTF, Sat!!! :) If Rolex allows you to add the word "Replica" after their name, then I guess you can sell it legally. If you're not afraid of the sure consequences, then do as you like. Else don't do it. You can be one of those lucky fraudsters who never get caught.   Apr 22, 2014 #12 Birdz Regular Member Joined: Jan 7, 2014 Messages: 304 Likes Received: 79 Lol next you know fbi knocking on your door   Apr 22, 2014 #13 TheMasterOfMoney Power Member Joined: May 22, 2010 Messages: 782 Likes Received: 1,423 Home Page: http:// No, it is scamming. And I dont buy that jeweler story, basically the movements Rolex makes are made in house, they make them themselves, how come your guy gets them too? send me pics if you want just for curiosity but not buying it   Advertise on BHW (You must log in or sign up to reply here.) Show Ignored Content Your name or email address: Do you already have an account? No, create an account now. Yes, my password is: Forgot your password? Stay logged in Note that adblockers might block our captcha, and other functionality on BHW so if you don't see the captcha or see reduced functionality please disable adblockers to ensure full functionality, note we only allow relevant management verified ads on BHW.




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