Legal Question in Business Law in Florida

Selling of Merchandise

is it legal to sell replica purses such as coach, fendi as ''replica''. these purse would never be sold as the ''real'' thing but only would be sold as fakes


Asked on 12/11/07, 3:32 pm

2 Answers from Attorneys

Marlyn Wiener Marlyn J. Wiener, P.A.

Re: Selling of Merchandise

NOTICE: The information provided in this response is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult a competent attorney in your jurisdiction for advice regarding your individual situation. By reading the "Response" to your question or comment, you acknowledge that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then do not read any further.

Although I am not an intellectual property attorney, I am familiar with the enforcement actions against manufacturers and sellers of �fakes� through the activities of a client and friend who heads a national private investigation firm that specializes in tracking down fake merchandise for companies like Nike, Louis Vuitton, Chanel, etc. This is a link to a Wall Street Journal article on busting the sale of fakes:

http://online.wsj.com/article/SB107421548417987900.html

Bottom line: you could be subject to criminal prosecution for participating in this kind of activity. You can only legally produce replicas of these handbags with the permission of the companies � something you are highly unlikely to obtain!

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Answered on 12/11/07, 5:35 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Selling of Merchandise

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Absolutely not. The designs of name brand purses are the property of the company that owns the rights to them. If you copy there intellectual rights, you may be prosecuted either in civil court or criminally - or both. Many of the companies hire private detectives to search out those who steal their rights to designs and logos by manufacturing fakes or replicas. It is totally illegal.

Scott R. Jay, Esq.

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Answered on 12/11/07, 11:48 pm


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