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Thread: Selling Replica Oakleys..Legal or Not?

  1. #1
    JCLARK03 Guest

    Lightbulb Selling Replica Oakleys..Legal or Not?

    What is the name of your state? NY
    Hi, I was recently selling replica Oakleys on eBay. I didn't state anywhere on the auction that they were "Authentic" or "Real". I did call them Oakley's because that's what they say on the sunglasses. What else woud you call them? Whenever people would email me asking if they were real, I would tell them the truth and say no they are identicals, not real. A company/organization called VeRO (Verified Rights Owner) had emailed me and cancelled all my active auctions on eBay automatically! I was wondering, was what I was doing illegal?? I did not know fake oakleys are illegal in the U.S. I have seen dozens of stores, internet sites, and even people on public streets selling them. Is this company legally allowed to do this to me? They threaten to cancel my eBay account also if I sell them again and take legal action against me.
    Thanks for the advice and help!!
  2. #2
    hexeliebe Guest
    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.
  3. #3
    HomeGuru is offline Senior Member
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    Re: Selling Replica Oakleys..Legal or Not?

    Originally posted by JCLARK03
    What is the name of your state? NY
    Hi, I was recently selling replica Oakleys on eBay. I didn't state anywhere on the auction that they were "Authentic" or "Real". I did call them Oakley's because that's what they say on the sunglasses. What else woud you call them? Whenever people would email me asking if they were real, I would tell them the truth and say no they are identicals, not real. A company/organization called VeRO (Verified Rights Owner) had emailed me and cancelled all my active auctions on eBay automatically! I was wondering, was what I was doing illegal?? I did not know fake oakleys are illegal in the U.S. I have seen dozens of stores, internet sites, and even people on public streets selling them. Is this company legally allowed to do this to me? They threaten to cancel my eBay account also if I sell them again and take legal action against me.
    Thanks for the advice and help!!
    **A: yes, what you were doing was illegal.
  4. #4
    CaliCat Guest
    If anyone could take a product and put the label of another company onit and sell it for cheap, that's essentially stealing the name of the company.
  5. #5
    yan9993 is offline Junior Member
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    You can still see replicas on Ebay

    i am thinking to sell replica bags myself on ebay because i can see hundreds of them everyday on ebay.do they all get into trouble like this? i don't want to be put into jail or sued by selling replica bags. but how other people made it
  6. #6
    divgradcurl is offline Senior Member
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    i am thinking to sell replica bags myself on ebay because i can see hundreds of them everyday on ebay.do they all get into trouble like this? i don't want to be put into jail or sued by selling replica bags. but how other people made it
    Just because other people are doing it and haven't been caught doesn't mean that you won't get caught if you do it. It's like speeding on the freeway -- just because everyone is doing 75 doesn't mean that a cop can't pull YOU over, and you certainly can't use "but everyone else was doing it..." as an excuse.
  7. #7
    fried eggs is offline Member
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    You also violated ebays terms of agreement. You can not call them something they are not as part of the auction. I'm surprised you haven't been reported and had your account terminated!
  8. #8
    JayCzar Guest

    Buying Fake Oakleys & watches

    You mention selling fake oakleys...what about buying fake oakleys or watches off the internet sites? Will this get me into trouble (jail or fines??)
  9. #9
    JETX is offline Senior Member
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    Quote Originally Posted by JayCzar
    You mention selling fake oakleys...what about buying fake oakleys or watches off the internet sites? Will this get me into trouble (jail or fines??)
    First, this is a LONG dead thread with the last post over a YEAR ago.
    Second, selling of fake and/or counterfeit merchandise of ANY kind (fake Oakleys, watches, etc.) over the internet or the counter, is illegal.
    Third, yes, you could get fines and, depending on the full facts, could even face jail.
  10. #10
    JayCzar Guest
    I suppose its pretty dodgy. However, how come there are a lot of these internet sites which offer these "fakes"?
  11. #11
    JETX is offline Senior Member
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    Quote Originally Posted by JayCzar
    I suppose its pretty dodgy. However, how come there are a lot of these internet sites which offer these "fakes"?
    Several reasons:
    1) "A sucker is born every minute".
    2) They could be in TCN's (Third Country Nations).
    3) The 'counterfeit police' can't find everyone.
    4) Maybe they just haven't been caught yet.
  12. #12
    Comanderbob Guest
    What about the people who buy these items. Are they not also in violation?
  13. #13
    dworrill is offline Member
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    I am going to jump off a bridge. Anyone want to follow?

    DAM
  14. #14
    JETX is offline Senior Member
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    Quote Originally Posted by Comanderbob
    What about the people who buy these items. Are they not also in violation?
    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."
    [url]http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002320----000-.html[/url]

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

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

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

    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:
    [url]http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=104_cong_public_laws&docid=fubl153.104[/url]
  15. #15
    fried eggs is offline Member
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    Quote Originally Posted by JETX
    Several reasons:
    1) "A sucker is born every minute".
    2) They could be in TCN's (Third Country Nations).
    3) The 'counterfeit police' can't find everyone.
    4) Maybe they just haven't been caught yet.
    5) Who says it's not a 'sting'? :P
    6) Who says you will actually receive anything you pay for?
    anthonyleolin likes this.
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