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is selling replicas on ebay illegal?

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westerngirl

Junior Member
What is the name of your state?AZ

Is selling replicas on ebay illegal? THe replicas have the same markings and identifiers as the original? What are my chances of being sued if I only sold 100 of these replicas? If sued what kind of damages would I have to pay?
 


divgradcurl

Senior Member
THe replicas have the same markings and identifiers as the original?
If they have the same markings and identifiers as the originals, they are not replica goods, they are COUNTERFEIT goods -- and yeah, that's illegal.

What are my chances of being sued if I only sold 100 of these replicas?
If you get caught, very high. If you don't get caught, probably zero.

If sued what kind of damages would I have to pay?
Read here: http://straylight.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001117----000-.html

Basically, you could be on the hook from $500 to $100,000, or even up to $1,000,000 in certain cases if it was found that you "willfully" sold the counterfeit goods.

Also, there is potential CRIMINAL liability to consider to -- you can go to jail for selling counterfeit goods.
 

divgradcurl

Senior Member
bonesey said:
I know this may sound stupid but what is considered a replica and not a counterfeit?

Thanks.
See what I worte above: If they have the same markings and identifiers as the originals, they are not replica goods, they are COUNTERFEIT goods -- and yeah, that's illegal.

If something just looks like something else, it's a replica. If the replica includes logos and other disitinctive designs, it's counterfeit. Of course there may be exceptions to these rules, based on patent and trademark protections that someone may have in a particular item, but those are the general rules of thumb.
 

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