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I AM OPENING A BUSINESS AND WANT TO SELL DESIGNER REPLICA ...


Sent to Legal Experts March 29, 2006 12:04 p.m.
I AM OPENING A BUSINESS AND WANT TO SELL DESIGNER REPLICA PURSES. I AM IN CALIFORNIA. IS IT LEGAL IF I PLACE A DISCLAIMER SAYING THAT THEY ARE REPLICAS?

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PALM DESERT, California

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Answer
March 29, 2006 12:06 p.m. (1 minute and 48 seconds later) 		REPLIED Check Mark

It is not only legal but to your benefit to the client's to provide such notice. To not do so would commit fraud.

If this has answered your question please accept and leave feedback.

regards.



Edited by 4ren6 on March 29 2006 at 12:07pm
Picture4ren6  -- Forensics/CSI -- 100% Positive Feedback on 3024 Legal Accepts
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Reply to 4ren6
Sent March 29, 2006 12:19 p.m. (12 minutes and 58 seconds later)
I am confused. You are saying that it is legal to sell designer ( louis vuitton, coach, burberry) replicated items as long as a disclaimer is placed?
Customer (name blocked for privacy)
Answer
March 29, 2006 12:37 p.m. (17 minutes and 24 seconds later)
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Picture4ren6  -- Forensics/CSI -- 100% Positive Feedback on 3024 Legal Accepts
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March 29, 2006 1:19 p.m. (42 minutes and 2 seconds later)
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PictureThe Mystic Wave  -- Paralegal -- 100% Positive Feedback on 257 Legal Accepts
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Answer
March 29, 2006 1:59 p.m. (40 minutes and 5 seconds later) 		ACCEPTED Check Mark

Amended answer after further research.

Ma'am I answered your question based on the words of Disclaimer. Even with the disclaimer it is illegal. No known companies have been found to allow the sell of copyrighted fakes either.

After further research I have indeed found that the following applies :

Is it really illegal? Yes, allowing counterfeit items to enter the market place is illegal. Some people mistakenly believe that if counterfeit merchandise is identified on the sales tag as being "fake", "faux", "look-a-like" or "replica" it is alright to buy or sell it. Not true . . . a counterfeit is still a counterfeit and it is still illegal. You can find them for sale on street corners in major cities, at house parties, out of the trunks of luxury autos or perhaps "from behind the counter" or "under the table" at legitimate stores. Let's be clear—it is still trademark infringement and it is illegal. Counterfeiting is punishable by fines, confiscation and prosecution—so protect yourself and do not buy or sell any goods that you suspect may not be genuine.

This does mean that even adding a tag, sign or other notice as well as legal attempt to sell through original makers is not legal by US law.

Further information to provide the corrected answer to this is found at:

http://www.narts.com/shopping/fakes.htm

All fakes, even if marked are indeed illegal to sell. Major manufacturers as mentioned in the link will not even give approval for such due to loss of revenue.

I am glad to be able to provide the updated information for you.

regards.




Edited by 4ren6 on March 29 2006 at 2:03pm
Picture4ren6  -- Forensics/CSI -- 100% Positive Feedback on 3024 Legal Accepts
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March 29, 2006 2:25 p.m. (26 minutes and 0 seconds later)
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PictureThe Mystic Wave  -- Paralegal -- 100% Positive Feedback on 257 Legal Accepts
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