Legal Question in Technology Law in New York

Re: Selling imitations on online auction.

What you are proposing probably constitutes a violation of the Federal Trademark Act, which prohibits use in commerce of "any reproduction, counterfeit, copy, or colorable imitation of a registered trademark in connection with the sale, offering for sale, distribution, or advertising of any goods." Designer companies can and do successfully pursue manufactuers and sellers of counterfeit goods, and routinely obtain court orders permitting seizure and destruction of the goods, as well as the occassional multimillion dollar damages award. So if what you're really thinking about is going into the business of selling counterfeit goods on e-bay, do not. If you're actually thinking about selling one bag on e-bay, the risk of being sued is probably very slim. However, since I believe it would technically subject you to liability under the Trademark Act (as well as violate the trademark rights of a third party), I would still advise you not to do it.