I need legal advice about business selling novelty id's

[elgringo]

What is the name of your state? IL

I'm planning to start a business selling novelty / funny id's. The WILL resemble some state ID (government issued), but they will have lots of elements altered that it will not make a reasonable person believe that they are real. They will NOT be marketed as legal documents and their purpose will be just for amusement.

They will be sold online and sent through the US Postal Service. I need legal advice about doing this business in the State of Illinois, Chicago. I think it also involves interstate commerce, and postal mail laws, so I need to have my ass covered in that situation too.

I want to be protected from criminal prosecution AND from civil litigation from customers that might buy the ID and try to sue me when some yahoo cop in a small town gives them a hard time.

 

[seniorjudge]

Your business plan is a disaster waiting to happen.

 

[elgringo]

Anybody believes something else?

What about these businesses?
http://www.nles.com/store/customer/product.php?productid=1679&cat=24&page=1

 

[racer72]

Anybody believes something else?

What about these businesses?
http://www.nles.com/store/customer/product.php?productid=1679&cat=24&page=1

The business you linked to does not sell funny or novelty ID cards. Big difference.

 

[elgringo]

Racer72, I think it does sell novelty id. http://www.nles.com/store/customer/product.php?productid=1679&cat=24&page=1 there is a Alien Golf Licence ID
http://www.nles.com/store/customer/product.php?productid=1505&cat=120&page=1 - this is a Alien Drivers License
http://www.nles.com/store/customer/product.php?productid=231&cat=18&page=1 - What about this: Bail Enforcement Agent

The whole shopping category they're in is "Identification Products / ID Cards / ....."

 

[quincy]

elgringo -
Are you talking about identification cards along the lines of the "Hit Man" window sticker which is offered through that website, which is obviously for fun only, or fake F.B.I. badges that, when flashed, could resemble the real thing? For the former, you would have no problems sending it through the U.S. mail. For the latter, you could be in big trouble.

You can send obviously fake Monopoly money, with its pinks and greens and yellows, through the mail, but you cannot send a twenty dollar bill that resembles the real deal but for a few funny words printed on it. The fake twenty could be considered counterfeit as opposed to merely "fun". Likewise, I.D. cards that are oversized or brightly colored and obviously fake would be O.K. while I.D. cards that could be mistaken for the real thing in a dimly-lit bar or when being flashed by its holder after stopping a person on the street, would not be O.K. Using real state or government seals on fake I.D. cards is not allowed.

Fake business cards are usually O.K., as long as they will not confuse a person with their legitimacy.

You can face federal charges for marketing fake identification cards, so if you are intent on marketing "fun" I.D. cards, you really need to alter them substantially so that no one can mistake them for the real thing.

 

[elgringo]

Quincy, thanks for your answer.

I asked my business law teacher at college too (I'm just taking some law classes, I'm not becoming a lawyer). I had a few samples and when I showed them to her she started to laugh and she said she wanted one if I start making them, because they're really funny. She said no sane person will believe that they are real, but she's no lawyer, just a Law School Graduate. She also said to talk to a lawyer.

So, I need to find a lawyer competent in State of Illinois Law, Federal Law, Business Law, Criminal Law. There are some Traffic Laws, Underage Drinking Laws and Municipal Statutes that deal with fraudulent ID's.

I also tried to look for previous cases about this on findlaw.com and found just serious cases: people with "real" fake id's, just just jokes. The question in my head is: where do you draw the line between "this is a fake ID", and "this is a joke".

In my case, the state name is made up, but the general template resembles the original state. Think of a Tennessee drivers license that has a "Redneck License" with the same font.

 

[FlyingRon]

Don't bump the threads. It won't help you get your questions answered and may, in fact, get them deleted.

The name of this forum is FreeAdvice. We are not a trained set of lawyers and accountants paid to wait for you posts, be patient!

The answer is that your Delaware dodge isn't probably going to get you around the minimum franchise tax.

"Doing business" within California is defined as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. A corporation generally will be doing business in California (and thus subject to the franchise tax) by entering into various contracts in California, hiring California employees and performing other substantive business activities in California.

 

[quincy]

Hey, Flying Ron. WHO are you talking to????