Selling Replica Oakleys..Legal or Not?

[Rhubarb297]

They were 'knockoffs' and as such are definately illegal not only in the U.S. but all of Europe and some places in Asia.

Yes, the company is allowed to do this. It's called copyright protection.

Actually it's patent law, certainly, maybe copyright too. (I used to do Oakley patent infringement cases.) The key to intellectual property cases is an intent to defraud the consumer. Copying the design is bad enough, but calling them Oakley's is beyond the pale. Open and shut infringement case if I ever saw one.

 

[Rhubarb297]

Since you seem unable to comprehend the illegality of sales/possession of counterfeit items, let me refer you to some FEDERAL laws that might help you understand the seriousness of your plan.

18 USC 2320
"(a) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000."
http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002320----000-.html

19 USC 1526 at:
http://assembler.law.cornell.edu/uscode/html/uscode19/usc_sec_19_00001526----000-.html

15 USC 1116(d) at:
http://assembler.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001116----000-.html

15 USC 1117 at:
http://assembler.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001117----000-.html

And finally, a summary of the possible repercussions can be found by reviewing the federal LAW (Public law 104-153) as passed by Congress and signed by the President on 7/2/1996. The bill as passed can be found at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=104_cong_public_laws&docid=f:publ153.104

Trafficking in goods is not "buying" so I'm not sure why you're quoting that. No it's not illegal to buy counterfeit goods. But if you sell, trade or even give away counterfeit goods, that's a violation of both criminal and civil law, both federal and most likely state. And the federal civil statutes provide for treble damages and assumed damages under certain circumstances.

 

[Rhubarb297]

I think you all are confused. The key is if the name is used in such a way that it could deceive the consumer. If my name is Ford and I want to open up a hardware store, I can call it "Ford's Hardware Store." But if I wanted to open up an autodealership, and I used my name Ford in such a way that people are confused and think you are THE FORD (you're selling Ford trucks and cars, etc.) then there would be a copyright, possibly a trademark, infringement.

The whole key is if whether the buying public could be confused by how the name is used. If there can be, then there is infringement. If not, there is no infringement.

 

[divgradcurl]

Actually it's patent law, certainly, maybe copyright too.

Actually, it's neither -- this is a pure trademark problem. But the use of the Oakley name would be infringing, no two ways about it.

The key to intellectual property cases is an intent to defraud the consumer.

Again, that's the trademark standard -- likelihood of confusion.

Now, Oakley may have some patents on their glasses as well, but a trademark case is a whole lot easier than a patent infringement case...

Actually, I looked on the USPTO, it looks like Oakley is pretty diligent about filing design patents -- but still, piracy and the like is grounded in trademark law, not patent law -- I guess Oakley might have multiple causes of action...

 

[Rhubarb297]

Actually, it's neither -- this is a pure trademark problem. But the use of the Oakley name would be infringing, no two ways about it.



Again, that's the trademark standard -- likelihood of confusion.

Now, Oakley may have some patents on their glasses as well, but a trademark case is a whole lot easier than a patent infringement case...

Actually, I looked on the USPTO, it looks like Oakley is pretty diligent about filing design patents -- but still, piracy and the like is grounded in trademark law, not patent law -- I guess Oakley might have multiple causes of action...

Yes, absolutely Oakley has patents on their glasses. Actually I handled a very similiar patent infringement case for Oakley where a vendor was selling knockoffs. The complaint we filed was for patent infringement - the vender had copied the Oakley design on their glasses as I suppose he did here. That's patent infringement and it's not that hard to pursue if you have a vendor who obviously and intentionally copied the design. But, you're right, there could be trademark infringement as well. I probably should have said that instead of copyright.

To be quite frank, I did intellectual property infringement for a couple years, but I was always getting trademark and copyright mixed up. The law with regard to infringement of copyright and trademark are pretty similiar though. Patent infringement law, if I recall correctly, is substantially different.

 

[aZooZa]

How does THIS site flout the law?

Hi,

Please check this site out:

www.royal-replicas.com

Has anyone any idea how they might possibly be getting away with this?

For what it's worth, the domain is registered to a Spanish address.

Thanks!

 

[JETX]

Please check this site out:

Why?? It is just another scam counterfeit sales site. In fact, since the owners/operators of these types of sites have already shown that they are criminals and refuse to follow the law, why would anyone in their right mind 'trust' them to provide the product they claim.... or any product at all. Once you give these nitwits your money (especially those that are overseas), you have NO protection when they steal your money.

Has anyone any idea how they might possibly be getting away with this?

Yep. And who says they are getting away?? Hell, the policia may be on their doorstep right now!!!

 

[aZooZa]

Why?? It is just another scam counterfeit sales site. In fact, since the owners/operators of these types of sites have already shown that they are criminals and refuse to follow the law, why would anyone in their right mind 'trust' them to provide the product they claim.... or any product at all. Once you give these nitwits your money (especially those that are overseas), you have NO protection when they steal your money.


Yep. And who says they are getting away?? Hell, the policia may be on their doorstep right now!!!

Why? Because I want to know. Do I need your permission?

Are they getting away? Yes, of course they are getting away with it - currently. Their spam affiliate network is enormous.

The question I posed was misinterpreted by you. Put it another way: Under what premise might one legally be able to sell replica goods? For stage or theatrical use - I've heard that before somewhere?

Thank you.

 

[JETX]

Why? Because I want to know. Do I need your permission?

Yes, you do. When you say, "Please check this site out" and provide a link to a site that is offering illegal services.... especially since you are being rude in hijacking someone else's thread, you DO need permission!!

Are they getting away? Yes, of course they are getting away with it - currently. Their spam affiliate network is enormous.

Oh, so now you are claiming some intimate knowledge of whether they are 'getting away with it' or not, huh??? How do YOU know that they are???

The question I posed was misinterpreted by you. Put it another way: Under what premise might one legally be able to sell replica goods? For stage or theatrical use - I've heard that before somewhere?

And I bet you have heard 'kiss my ass' a lot too, huh??

Thank you.

You're welcome.

 

[aZooZa]

Yes, you do. When you say, "Please check this site out" and provide a link to a site that is offering illegal services.... especially since you are being rude in hijacking someone else's thread, you DO need permission!!

Oh, so now you are claiming some intimate knowledge of whether they are 'getting away with it' or not, huh??? How do YOU know that they are???


And I bet you have heard 'kiss my ass' a lot too, huh??


You're welcome.

The promulgation of your histrionic consultations exceeds the vaporation of your physiological minimum. You're probably a gobby lawyer...

 

[JETX]

Wanker

I thought I smelled a limey!!

 

[aZooZa]

I thought I smelled a limey!! .

It never fails - the thicker they are the harder they bite

 

[JETX]

It never fails - the thicker they are the harder they bite

Must be some more of that famous 'British logic', huh??

 

[Shay-Pari'e]

JetX is a f uc king idiot. Dont listen to him.

Waving goodbye to Fat guy.

 

[JETX]

Waving goodbye to Fat guy.

Fat Toney is no longer on the forum.