Legal Question in Business Law in California

Selling replica products

I am thinking of running a business that was to sell replicas of name brand products. What are the legal ramifications if I where to do this? For example I were to sell a replica of a ''Rolex'' watch and informed the consume that it was a replicated ''Rolex'' or a replica of a ''Coach'' purse. Please inform me


Asked on 1/25/02, 2:58 pm

4 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Selling replica products

Your activity most certainly will lead to you being a defendant in a design patent infringement case. The companies you mentioned spend millions of dollars annually to stop copying of their propriety designs and use of their copyrighted names. You can imagine how much such copying, or as they would say, "Pirating," costs them in sales each year. My advice: STOP IMMEDIATELY and hope they have not already targeted you for an enforcement action.

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Answered on 1/25/02, 7:09 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Selling replica products

you might also end up in jail. just get a job.

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Answered on 1/26/02, 12:43 am
Joel Selik www.SelikLaw.com

Re: Selling replica products

Extreme caution must be used, but there are ways of doing this that are perfectly legal. You cannot simply put label that says "Fouglex" or something like that.

Joel Selik

800-894-2889

www.4thelaw.com/services3.html

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Answered on 1/26/02, 3:08 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Selling replica products

You are proposing to tread in a minefield where you not only need to consider fraud charges, only partially defused by telling buyers it's a fake, and trademark/copyright infringement suits, etc.

You should not attempt this businessuntil you have retained and consulted in depth with an attorney who is experienced in this sub-specialty of the law.

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Answered on 1/25/02, 4:27 pm


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