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Connecting …. Are You a Lawyer? Grow Your Practice. TheHomespunLoft Conversation Maker. Except it is against the law to sell knock off's no matter how old they are. Donobob Crafty Poster. Read the sellers handbook and specifically the Prohibited Items. No knock offs are allowed to be sold on Etsy, or anywhere else by law. Donobob TheHomespunLoft My comments above were an attempt to be sarcastic ;. Michaelangelas Crafty Poster. Only if it is 20 years old or more. Isn't it against the law to sell knock offs of designer bags???
DesignsbyCher Conversation Maker. ThePurplePuppy Conversation Maker. PhenomenalWomen Shop Crafty Poster. Not worth it. TheEclecticBohe mian Conversation Maker.
To paraphrase the late great Andy Warhol Etsy is what you can get away with. The sale of counterfeit goods as described below is illegal, as you're probably aware. But what does that mean for you? Will the trademark owner be able to find you?
What will that owner do upon finding you? Counterfeiting is a form of trademark infringement. It's the act of making or selling lookalike goods or services bearing fake trademarks. For example, a business deliberately duplicating the Adidas trademark on shoes is guilty of counterfeiting. The standard of trademark infringement—likelihood that consumers will be confused—is self-evident in counterfeiting: The counterfeiter's primary purpose is to confuse or dupe consumers. Counterfeiting isn't limited to consumer products like watches and handbags.
Playboy Enterprises Inc. Universal Tel-A-Talk Inc. It's still counterfeiting even when the people buying and selling the merchandise are aware that it isn't from the real source—for instance, that the clothing isn't made by Calvin Klein.
That's because even when a buyer knows that the product is a fake, the product can still be used to deceive others. The term "knockoff" is often used as a substitute for "counterfeit. Some knockoffs might imitate an established product without infringing. That could be the case because the underlying work—a dress, for example—cannot be protected under the law, meaning that a knockoff doesn't violate any legal rules.
Let's go back to our opening questions. The short answer is that selling counterfeit goods is a bad idea for a business. There are three big problems:. Most illegal distributors are caught as a result of online sales for example, eBay has powerful anti-counterfeiting rules and will banish violators , or because someone sometimes a disgruntled customer or competitor reports them.
Trademark owners will pursue you, and if they find you, they will seek to make an example of you. In other words, it's a little like cheating on your taxes. Accepted Solutions 1.
The correct course of action would be to destroy the bag and throw it in the trash. Comments 2. Yea rite throw it in the trash. That's what it is. A piece of trash. Answers Yes you can as long as you say that it is not authentic! It's illegal for you to possess that counterfeit, let alone try to sell it. I have no idea if it's fake or not - I got mine from a thrift store. Comments 1. Even a Yard sale can fall under this. Strangely enough return for refund might fall under this.
Penalties for doing such are not worth it. Never seen a raid at a yard sale, but have seen them at flea markets.. Best to destroy such items. I've learned my lesson on listing items No you haven't
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