Discussion:
What is the name of your state? IN
I have recently purchased, on e-bay, some brand new, in the box knock offs (replicas) of a particular item from a high end retail storeline. I know for a fact that they are not genuine. They are made in Hong Kong, however, they are identical in just about every way, including logos, style, logo box they come in, etc. to the real McCoy manufactured in the US under what I am sure is a trademarked name (over 100 year old company). I don't know how they made it into the US. This exact item is being sold on e-bay by over 50 different sellers. None are authentic, as I know for a fact that this store/storeline does not allow internet sales of their product. Sellers are handling this in one of 4 ways: 1) lie - say "genuine, authentic," etc. 2) avoid - say "the item for sale is marked in the following ways" (then describe he logo, provided picture, etc. and let the buyer come to his own conclusions) 3) play dumb - "while I cannot guarantee the auhenticity, I have no reason to doubt it" or 4) fess up - "these articles are not original". Do any of these strategies alleviate/circumvent the potential legal ramifications of patent and/or trademark infringement if I wanted to resell them?
Answer:
They are all illegal.
Answer:
I have visions of a class action lawsuit being filed. Originally, three were maybe only a handfull of people doing this, so it probably was underthe radar. Last I checked, at least 15 new sellers per week were joining, each armed with 20 or 30 ads/week, all of which were selling. This is going to put a dent in their retail sales, so I'm wondering what the authenic store's strategy might be. do they have to send a warning letter first to 'quit it'?
Answer:
Why don't you call the owner of the copyright and ask them? There is no way anyone here can tell you that.
Simply know that anyone who sells an item that has been trademarked and/or copyrighted without permission of the holder of the trademark and/or copyright, is in violation of the law.
And that should give you enough incentive to stop selling them right?
Answer:
I actually never started. I was going to. I bought 10 pieces of jewelry for resale not knowing they weren't authentic. Then I thought about it, and did a little research. (Always good to think after you act, you know!).
So I suppose even if I put these on e-bay and say 'these are replicas' I am as liable as the peson I bought them from? (In other words, I better just give them to my firends?).
Answer:
Birthdays and Christmas are good for getting rid of the evidence
Answer:
lol
I just went to google and the #1 hit, ranked above even the authentic store, is this guy's website for replicas.
Here is his disclaimer. Is this all gobbledygook?
DISCLAIMER: This is our disclaimer about selling replicas.
We are not an authorized dealer or agent of any of the designers whose names are used here. All references to Fendi®, Gucci®, Louis Vuitton®, Prada®, Coach, Christian Dior and others are for identification purposes only. They are not affiliated with and do not endorse or sponsor this site in any way.
Disclaimer: If you enter or use our site you declare to have read, understood and agreed with the items mentioned below.
1) All products on this website are intended for novelty purposes only.
2) All products are replicas and are not being represented as the originals.
3) We are in no way affiliated with any of the authentic manufacturers. To purchase authentic products visit their respective websites or authorized retailers.
4) If you are affiliated with or working for Louis Vuitton, e-luxury.com, Cartier, Dior, Gucci or any other product on this site either directly or indirectly, you cannot enter this web site, cannot access any of its files and you cannot view any of the html files according to 431.322.12 of the Internet Privacy Act.
5) By continuing to enter this site, you are expressly and implicitly agreeing to all terms as stated above.
Answer:
Does the word Horse Manure ring any bells?
Answer:
vaguely.
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what is interesting to me is how e-bay can shut it's eyes to things like this. I know it is a huge can of worms, but as a vehicle used for illicit activity, wouldn't they have some culpability? They of all people should know that stores like this do not allow flea market sales.
Answer:
I hear ya! The problem with ebay's policy is that it allows certain people to sell replicas if they list them as authentic! If you state " I bought this from someone who said it was authentic and I DON"T think so" they still pull you for being honest!!!