[mxer210]

Sadly, that's often what you pay for in the high-end stores. That Nike logo is an extra $90.

Is that a justification for selling knock off produts?

Oakley's go for $120+, fakes sell for $10. Just because there is an atleast $100 difference, it doesn't mean that their sunglasses deserve to be, or should be, repicated and sold.

[bonafizzle8]

Well said

[deleon]

I never said anything about selling illegal knock-off products. I'm simply talking about the difference between getting a Nike tshirt and a Target tshirt. In fact, I don't think the original poster said anything about illegal fakes either.

There's nothing wrong in selling imitation items, as long as it's clearly labelled, and doesn't make any infringements. Have you seen those colognes/perfumes made in the US, which say things like "If you've tried Chanel, you'll love this"? They have different names, but claim to be similar to the expensive European perfumes.

However as always, it's better to consult with a lawyer, and even contact the company. You don't want to take on a high-end European fashion company in a legal battle, even if you know you'll win.

[KodeWarrior]

Decided to google this subject and this old conversation came up. Well, found out from my own methods that the handbag issue is not necessarily illegal. Many of the designer bags that are supposedly made in Italy, France, etc. are not - those countries do as we do - SLAVE Labor - those bags for the most part are manufactured in the Putian Prov., China. The knock offs that come from this same assembly plant are just those with flaws that the company rejects. They want them thrown out, but the Chinese keep them and sell them. I have gotten approval from the manufacturer to sell them and they have provided me with all necessary documentation to do so. I purchased them for less than a tank of gas and turned a major profit. This may be the reason the US is such a crappy place to be when it comes to trademarking, patents, etc. I patented my name, believe it or not. I did it as a joke and it friggin worked. This is how stupid and selfish our marketing system really is. So for those of you who receive my name from this day forward...there happens to be a $10.00 royalty waiting for you.

BTW - those sites selling replica handbags are not doing anything illegal. Look it up... you are totally wrong (for those of you who said it was). There are guidelines you have to follow and any shifting from these guidelines will result in a penalty based on a % of your price and the retail price of similar goods. The reason for the fear is that the guidelines are detailed and explicit. If you wish to have a copy, email me. It took me forever to get the 275 page policy.

Give you an idea: No naming, Hide logos, never make any claim that makes the buyer believe they are buying any authentic retail goods.

[KodeWarrior]

FYI, I happen to own a software company that I started in my own apartment. I design websites and proprietary client-server software. I do not condone the selling of any illegal goods or any questionable business practice. My business gets hit enough from the malicious hackers out there, and I consider them to be just as much of a negative impact on my income as a Hack Salesman. I do believe our government has gone too far with trademarking and trade for that matter. The US will be in the financial toilet by the next century. We will be a poor country if our current trends persist. Knock offs are typically better than the original for less money because more time and care goes into the detail - especially when it comes to textiles. If you were to look at technology you will find that a $45 DVD player has more function and more reliable than the larger companies. eg: a Sony DVD player will not (without a major cost increase) play certain types of media whereas an onkyo (which is made in the same factory) can play everything (xvid, divx, etc.) without a change in price.

[ADVERTISE HERE!]

Originally Posted by aloha

Of course my intentions are not to break the law, that's why I'm asking here if it's legal. I questioned this because of the numerous sites that offer these products. They all do inform that the bags are replicas. If I wanted to do something illegal I'd just sell drugs and become a pimp!

This is the question:

Would a reasonable consumer confuse the product you're wishing to sell with one sold by the name-brand company?

(A clear example of this would be if you're selling a purse with a Louis Vuitton print and a tag that says "Loius Vuiton." It doesn't need to be this sneaky to be illegal, but this does make the point. What exactly is your product and the description of it?)

[ADVERTISE HERE!]

Originally Posted by KodeWarrior

Decided to google this subject and this old conversation came up. Well, found out from my own methods that the handbag issue is not necessarily illegal. Many of the designer bags that are supposedly made in Italy, France, etc. are not - those countries do as we do - SLAVE Labor - those bags for the most part are manufactured in the Putian Prov., China. The knock offs that come from this same assembly plant are just those with flaws that the company rejects. They want them thrown out, but the Chinese keep them and sell them. I have gotten approval from the manufacturer to sell them and they have provided me with all necessary documentation to do so. I purchased them for less than a tank of gas and turned a major profit. This may be the reason the US is such a crappy place to be when it comes to trademarking, patents, etc. I patented my name, believe it or not. I did it as a joke and it friggin worked. This is how stupid and selfish our marketing system really is. So for those of you who receive my name from this day forward...there happens to be a $10.00 royalty waiting for you.

BTW - those sites selling replica handbags are not doing anything illegal. Look it up... you are totally wrong (for those of you who said it was). There are guidelines you have to follow and any shifting from these guidelines will result in a penalty based on a % of your price and the retail price of similar goods. The reason for the fear is that the guidelines are detailed and explicit. If you wish to have a copy, email me. It took me forever to get the 275 page policy.

Give you an idea: No naming, Hide logos, never make any claim that makes the buyer believe they are buying any authentic retail goods.

I don't think it's quite that simple.

[ADVERTISE HERE!]

Originally Posted by KodeWarrior

FYI, I happen to own a software company that I started in my own apartment. I design websites and proprietary client-server software. I do not condone the selling of any illegal goods or any questionable business practice. My business gets hit enough from the malicious hackers out there, and I consider them to be just as much of a negative impact on my income as a Hack Salesman. I do believe our government has gone too far with trademarking and trade for that matter. The US will be in the financial toilet by the next century. We will be a poor country if our current trends persist. Knock offs are typically better than the original for less money because more time and care goes into the detail - especially when it comes to textiles. If you were to look at technology you will find that a $45 DVD player has more function and more reliable than the larger companies. eg: a Sony DVD player will not (without a major cost increase) play certain types of media whereas an onkyo (which is made in the same factory) can play everything (xvid, divx, etc.) without a change in price.

Are you aware of the basis for intellectual property protection? Or the idea of brand equity, for that matter?

[dfveteran]

Originally Posted by aloha

Dumb question but I was wondering if it's legal to sell fake handbags online.

If it is a look alike without the company logo or name is is not considered a fake or counterfeit. You can sell this legally as long as you don't promote it as the brand in question....

But, if the item has either the companies brand logo or name on it anywhere it is considered a fake/counterfeit and it is VERY ILLEGAL to buy or sell in the USA...

Even if you tell everyone it's fake or counterfeit, you will get in trouble. Most brand name companies have sting operations that catch people doing this everyday. There is too much of it going on to have law enforcement do it. So big companies pay experienced people to do sting operations and catch counterfeiters. I believe the ATF or FBI get involved once your caught. Just to give you an idea of how serious this crime is.

Counterfeiting a brand name is a major federal crime. Trademark infringment is huge in the USA right now and can come with jail time and or big fines...Don't screw with federal crimes boys. This is highly illegal.

[DCswimwear.com]

I believe as long as you're not advertising them as the "name brand" items you're copying, and people are aware they are knock-offs, then you'll probably be in the clear. Most brands are protecting their trademarked names, but designs are often copied in almost every industry out there. If you marketed those knock-offs under your own brand label and you might be ok. Believe me though, you do not want a trademark infringement suit from a powerhouse company with deep pockets and a legal staff. They can take you to the poor house, or even worse, the big house. To be safe, don't take anyone's opinion... ask an attorney!