Legal Question in Consumer Law in Florida

Is it illegal to sell replica purses?

Hi.

Is it illegal to sell replica purses online with full disclamer stating the products are replicas. if the products are shipped directley to the customer. I see some say it's legal and some say it's illegal.


Asked on 7/31/07, 3:07 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Is it illegal to sell replica purses?

You may not sewll a counterfit product, even if you say it is a counterfit. It is an infringement.

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Answered on 7/31/07, 4:51 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Is it illegal to sell replica purses?

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.

It is not legal to sell a replica of anything without the express written permission of whomever owns the trademark/copyright/or design rights to the item. There are many laws governing this and you could find yourself in serious trouble both criminally and civilly. Many large companies enforce their rights in court and you could be hit with a stiff penalty in the form of a judgment.

Scott R. Jay, Esq.

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Answered on 7/31/07, 8:43 pm


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