Fake Products

[SomeGuy2009]

Suppose I bought products that looked like the real thing, but were fake (i.e. knock-offs). I am fully aware that they are knock-offs and not the real branded item.

For whatever reason, now I wish to sell one of these items ...

I let it be known to the new buyer that while they look like the real branded item, they are indeed fake. I even reference that in an on-line ad ("looks like a ROlex, but is not" ... "looks like a Gucci bag, but is a fake" ... "ipod nano style, but is a clone and does not synch with ITunes" ...) etc ...

If I want to sell any of these items, can I legally do that? either on the internet or in person (NY/NJ) ...

Thanks

 

[Zigner]

Suppose I bought products that looked like the real thing, but were fake (i.e. knock-offs). I am fully aware that they are knock-offs and not the real branded item.

For whatever reason, now I wish to sell one of these items ...

I let it be known to the new buyer that while they look like the real branded item, they are indeed fake. I even reference that in an on-line ad ("looks like a ROlex, but is not" ... "looks like a Gucci bag, but is a fake" ... "ipod nano style, but is a clone and does not synch with ITunes" ...) etc ...

If I want to sell any of these items, can I legally do that? either on the internet or in person (NY/NJ) ...

Thanks

US Law Only!

 

[Mass_Shyster]

US Law Only!

New York/New Jersey

If I want to sell any of these items, can I legally do that? either on the internet or in person (NY/NJ) ...

 

[divgradcurl]

Suppose I bought products that looked like the real thing, but were fake (i.e. knock-offs). I am fully aware that they are knock-offs and not the real branded item.

For whatever reason, now I wish to sell one of these items ...

I let it be known to the new buyer that while they look like the real branded item, they are indeed fake. I even reference that in an on-line ad ("looks like a ROlex, but is not" ... "looks like a Gucci bag, but is a fake" ... "ipod nano style, but is a clone and does not synch with ITunes" ...) etc ...

If I want to sell any of these items, can I legally do that? either on the internet or in person (NY/NJ) ...

Thanks

If they are knock-offs, then no, you cannot sell them legally.

 

[SomeGuy2009]

Thanks for the responses, but as I re-read my question I'm not sure I got answered what I intended ...

What about a replica?

Suppose I have a replica of a Gucci bag. It doesn't have a label (or antyhing) that says Gucci, but it is clearly designed in the style of a Gucci bag ... can I legally sell that?

If so, can I advertise it as "being in the style of Gucci"?

 

[divgradcurl]

There isn't any easy way to answer your second question. A replica may be legal to sell, but just because something doesn't have a "Gucci" tag doesn't mean that it is a replica and not a counterfeit. Clearly something with a fake Gucci tag or logo would be a counterfeit, but a "replica" without a tag can still copy other IP that Gucci, for example, might own -- they may have rights in a particular set of colors, or a particular shape, etc.

So, there isn't a bright-line rule that says this is okay, that isn't. It's a tough call.

And using the name of the real product to describe your own product may be infringing in and of itself.