Legal Question in Intellectual Property in California

if a factory makes counterfeit clothing/handbags but gives wholesalers the option of purchasing the item without trademarked names in it then is it still counterfeit?


Asked on 1/22/10, 8:36 am

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Do you work for the "counterfeiter" or for the real brand?

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

Read more
Answered on 1/27/10, 8:42 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

"Counterfeit" is a term with a broad and expanding meaning. It used to apply only to privately-made fakes of government stuff like money, postage stamps, etc. but now covers fake gold bars, fake trademarked goods, and more. Perhaps not putting fake labels in knockoff goods will take them out of today's definition of "counterfeit," but very likely there will still be a serious violation of trademark law, a design patent, or other right, involved in making and selling the copycat merchandise.

Read more
Answered on 1/27/10, 9:25 am


Related Questions & Answers

More Intellectual Property questions and answers in California