Hey Lawyer types!!!

[Temo]

What are the Risks in Manufacturing or Selling a Counterfeit Handbag?

Manufacturers and distributors of knock off handbags can be prosecuted under state and federal law for violating trademark and copyright laws. The sentence for counterfeit crimes varies widely depending on the quantity and the value of the goods, but can be very serious. In June 2004, 17 defendants charged with international counterfeit trafficking in New York faced a maximum sentence of 10 years in prison and a maximum fine of $2 million.

Sellers and distributors are liable even if they tell customers that the handbags are counterfeit. Moreover, manufactures and sellers of counterfeit handbags may also be sued in a civil suit by the company whose trademark is being infringed.

http://www.legalmatch.com/law-library/article/counterfeit-handbag-lawyers.html


Purse Parties: Harmless Hobby Or Fashion Felony?

Assistant U.S. Attorney Gail Hoffman: "It's a crime. It's a violation of federal law, and people can go to jail for that."

Tiernon: "Buying the imitation bags isn't illegal, but selling them is. It's called trafficking in counterfeit goods. Even if you tell the buyer they're fake, the minute you knowingly sell a knock-off bearing a passable designer label, it's a federal crime."

Read more: http://www.wlwt.com/news/2207934/detail.html#ixzz1Vh9aRaaG

Yea, the trademark is the biggest thing. You can rip off most designs and what not and be ok, but if you use a trademark you're in the wrong.

Hence, you can sell a shoe that is identical looking to a Nike, as long as it comes without the trademark.

You can sell any type of jersey you want, as long you don't use any NFL trademarks (the Cowboys star logo, the NFL logo, etc.) The actual design of the uniform however is much harder to prosecute. Some companies (like Forever 21) base their entire business model off this "hole" in the law.

 

[casmith07]

Cut your losses and move on.

This is the best advice here.

Live and learn - order the $225 real deal on shopcowboys.com

 

[Reality]

Except the Feds don't get involved with that penny ante stuff. Not so counterfeiting. And if this were a matter for the civil courts, why do the authorities immediately seize all the items in question?

You can be arrested and charged with any crime imaginable. A prosecutor stating that something is illegal does not make it illegal just like a defense attorney who states his client was not responsible for a crime does not make his client innocent.

Again, if you would read what I said above, not skim, you would see where I said that the only real criminal claim that could be made against someone selling knockoffs as knockoffs would be a copyright/trademark claim and that is why most of those people will in some way alter the logo or slogan ever so slightly as to avoid being found guilty of a crime.

It does, however, not prevent a prosecutor from charging you no matter how many opinions you copy, paste and bold.

The comments you posted were also arrests likely involving huge amounts of merchandise, not a small seller. Since again, you did not apparently read the original post, this was a small seller, not a major trafficker of counterfeit merchandise, and the product was a jersey.

#reality

 

[CowboyMcCoy]

Except the Feds don't get involved with that penny ante stuff. Not so counterfeiting. And if this were a matter for the civil courts, why do the authorities immediately seize all the items in question?

There are levels of copyright violations. I wouldn't know where to begin with cases and I don't know copyright law. But some are criminal and some are civil and some are both.

If you want to learn about the statutes, go here. http://www.copyright.gov/title17/92chap5.html

If you want to learn about the reality of the situation, again, look at how much goes on and then look how many cases per capita they actually prosecute.

 

[Reality]

One last thing I would like to point out ..

I did so in a separate post which will likely increase your chance of reading this

Most copyright/trademark claims are handled in civil court. Here is a good article to go read:
http://www.reuters.com/article/2010/09/13/us-newyork-fashion-copyright-idUSTRE68C40420100913

A key quote from that article ..

There is no copyright law in America that protects fashion.

I one-up'ed you with the bold/red quote

#reality

 

[Cajuncowboy]

Just to clarify...my friend and I were in a tore where they were selling jersey that were obvious knock offs.from over seas. I said they could be.fined for that but he said since they didnt say authentic they would be ok. This was a locally owned sports store that sells NFL, MLB, and other sports novelty items.

 

[CowboyMcCoy]

One last thing I would like to point out ..

I did so in a separate post which will likely increase your chance of reading this

Most copyright/trademark claims are handled in civil court. Here is a good article to go read:
http://www.reuters.com/article/2010/09/13/us-newyork-fashion-copyright-idUSTRE68C40420100913

A key quote from that article ..



I one-up'ed you with the bold/red quote

#reality

:laugh2:

 

[Temo]

One last thing I would like to point out ..

I did so in a separate post which will likely increase your chance of reading this

Most copyright/trademark claims are handled in civil court. Here is a good article to go read:
http://www.reuters.com/article/2010/09/13/us-newyork-fashion-copyright-idUSTRE68C40420100913

A key quote from that article ..



I one-up'ed you with the bold/red quote

#reality

This is true. That's why you can rip off designs as much as you want. But trademarks are a whole other story, and easily prosecuted.

You can make a watch that looks exactly like a Rolex and you'd be fine. But if you put Rolex on it, then you're in violation of the law.

 

[theogt]

I am not a lawyer but I can answer your question ..

It is not "illegal" to sell knock off merchandise as long as you market it as such. If you market it as the real thing, that is fraud and is definitely a crime.

Now notice I said "not illegal" .. I did not say it was okay to do so. In most cases though, the only way charges would be brought against the seller would be if the owner of the item trademark(s) or a buyer who feels ripped off files a complaint of fraud.

Unless the seller was making huge amounts of money, odds are good they would only be charged with misdemeanors which is why you can find them everywhere and even when they are shut down, they are soon back at it again in another location.

If you feel strongly that the seller should not be selling the merchandise, the best thing you can do is contact the owner of the trademark(s) and inform them of what you saw or encountered.

#reality

No, it's illegal.

 

[CanadianCowboysFan]

It's a trademark violation/passing off.

You buy knockoff bags because they look just like the real mccoy for a fraction of the price. Why do you think Coach, Louis Vuiton, Lacoste etc hire big name lawyers to chase you down? If they didn't they could lose trademark protection.

 

[DIAF]

You can make a watch that looks exactly like a Rolex and you'd be fine. But if you put Rolex on it, then you're in violation of the law.

There are literally dozens of legit watch manufacturers that do exactly this (including major ones, like Seiko and Citizen who rip off Rolex and Omega designs left and right). Watchmakers have been "borrowing" from one another for decades.

 

[YosemiteSam]

There are literally dozens of legit watch manufacturers that do exactly this (including major ones, like Seiko and Citizen who rip off Rolex and Omega designs left and right). Watchmakers have been "borrowing" from one another for decades.

Obviously they don't know how to start a patent war like Tech companies do.

 

[Cajuncowboy]

OK. SO who gets in trouble? The small business owner who is selling them in his retail shop or the place he buys them from? Or both?

 

[YosemiteSam]

Copyright applies. If you sell a knockoff jersey that says Dallas Cowboys on it, you are infringing on the Cowboys and the NFL's rights.

The manufacturer of the jersey is also infringing if he sells the product he made.

 

[Yeagermeister]

Copyright applies. If you sell a knockoff jersey that says Dallas Cowboys on it, you are infringing on the Cowboys and the NFL's rights.

The manufacturer of the jersey is also infringing if he sells the product he made.

So make a jersey without the actual team name and a modified logo and you are good. :laugh2:

 

[YosemiteSam]

So make a jersey without the actual team name and a modified logo and you are good. :laugh2:

Then you might run into a problems like this where a POS company will blatantly use criminal tactics in court in attempts to create an anti-competitive environment for their product.

:loser:

 

[Temo]

OK. SO who gets in trouble? The small business owner who is selling them in his retail shop or the place he buys them from? Or both?

Definitely the manufacturer. Dunno about the shop.

If they're using trademarks, of course. If they're just football jerseys with numbers and player names, minus the NFL logo or Cowboys logo or what have you, then nothing illegal is being done.

 

[Cajuncowboy]

Definitely the manufacturer. Dunno about the shop.

If they're using trademarks, of course. If they're just football jerseys with numbers and player names, minus the NFL logo or Cowboys logo or what have you, then nothing illegal is being done.

Well, no, they actually have the logos and stuff on them. Frankly, they looked pretty darn good for knock offs.

 

[CowboyMcCoy]

There are literally dozens of legit watch manufacturers that do exactly this (including major ones, like Seiko and Citizen who rip off Rolex and Omega designs left and right). Watchmakers have been "borrowing" from one another for decades.

How much time are they doing for these ripoffs?

 

[Muhast]

Well, no, they actually have the logos and stuff on them. Frankly, they looked pretty darn good for knock offs.

If you don't mind me asking, what company is this?

It could be: A. They don't know they are purchasing knock-offs(unlikely) or B.They know they are selling illegal merchandise(b/c if didn't come from Reebok/Dallas Cowboys) and that is illegal.