Am I breaking copyright laws by selling a product that looks similar to another?

[TheWane]

Hi,

I'm looking at buying some sunglasses from a Chinese supplier and reselling them on my own website. The product has an unknown brand name on it (most likely a Chinese one).

I've researched the brand name online and they don't have a website and no other stores are selling this product. The product itself looks very similar, almost identical, to another well known branded pair of sunglasses on the market.

I've advertised my product as the Chinese brand and made no similarities to the well known brand at all. I'm getting a lot of sales but some people are commenting on my adverts saying my product is a "Knock-Off", "Fake" and "Rip-Off" of the popular brand.

Am I breaking any copyright laws by selling a product that looks similar to another even if I'm advertising as the Chinese brand? My site does nothing suggest it is anything to do with the well known brand and I make no attempts to suggest it is of as high a quality, I'm purely advertising them as sunglasses that have polarised lenses.

Thanks

 

[quincy]

Hi,

I'm looking at buying some sunglasses from a Chinese supplier and reselling them on my own website. The product has an unknown brand name on it (most likely a Chinese one).

I've researched the brand name online and they don't have a website and no other stores are selling this product. The product itself looks very similar, almost identical, to another well known branded pair of sunglasses on the market.

I've advertised my product as the Chinese brand and made no similarities to the well known brand at all. I'm getting a lot of sales but some people are commenting on my adverts saying my product is a "Knock-Off", "Fake" and "Rip-Off" of the popular brand.

Am I breaking any copyright laws by selling a product that looks similar to another even if I'm advertising as the Chinese brand? My site does nothing suggest it is anything to do with the well known brand and I make no attempts to suggest it is of as high a quality, I'm purely advertising them as sunglasses that have polarised lenses.

Thanks

What is the name of your state?

I suggest you have an IP attorney in your area look at your Chinese product to compare it to the brand of glasses the product is said to imitate. If there is a problem marketing your glasses in the US, it would be a trademark or patent problem and not a copyright issue.

Good luck.

 

[justalayman]

Hi,

I'm looking at buying some sunglasses from a Chinese supplier and reselling them on my own website. The product has an unknown brand name on it (most likely a Chinese one).

I've researched the brand name online and they don't have a website and no other stores are selling this product. The product itself looks very similar, almost identical, to another well known branded pair of sunglasses on the market.

I've advertised my product as the Chinese brand and made no similarities to the well known brand at all. I'm getting a lot of sales but some people are commenting on my adverts saying my product is a "Knock-Off", "Fake" and "Rip-Off" of the popular brand.

Am I breaking any copyright laws by selling a product that looks similar to another even if I'm advertising as the Chinese brand? My site does nothing suggest it is anything to do with the well known brand and I make no attempts to suggest it is of as high a quality, I'm purely advertising them as sunglasses that have polarised lenses.

Thanks

Well, for some reason people see your advdertising as comparetive of the other brand. Are you suggesting they are claiming just because they look similar your customers are making the invalid assumption the glasses are the "real deal", including the customer associating an unnamed brand on their own?

While the us public is notorious for being gullible, usually it takes some suggestion there is an association with a particular brand to come to the point your customers are and making the statements you attribute to them.


Your entire query is suspect given you start with the claim you are considering selling the sunglasses yet further into your post you already have customers registering complaints regarding your product. In fact you clearly state you are aleady selling the product yet your inquiry starts with;

I'm looking at buying some sunglasses from a Chinese supplier and reselling them on my website.


So, which is it? Are you considering selling them or are you already selling them? Given those obviously incongruent statements, anything else said is suspect.

 

[quincy]

I agree there are contradictions in what has been said.

Whatever the real situation is, however, there is no way to tell if there is infringement (or false advertising or some other unfair business practice) without a personal review by a professional.

Because China leads the world in counterfeiting, any product purchase should be questioned anyway, prior to investing in quantities of goods and attempting to import these goods into the US.

 

[TheWane]

Well, for some reason people see your advdertising as comparetive of the other brand. Are you suggesting they are claiming just because they look similar your customers are making the invalid assumption the glasses are the "real deal", including the customer associating an unnamed brand on their own?

While the us public is notorious for being gullible, usually it takes some suggestion there is an association with a particular brand to come to the point your customers are and making the statements you attribute to them.


Your entire query is suspect given you start with the claim you are considering selling the sunglasses yet further into your post you already have customers registering complaints regarding your product. In fact you clearly state you are aleady selling the product yet your inquiry starts with;

I'm looking at buying some sunglasses from a Chinese supplier and reselling them on my website.


So, which is it? Are you considering selling them or are you already selling them? Given those obviously incongruent statements, anything else said is suspect.

Apologies let me clear up that up. I started typing another question but changed it half way through and didn't go back and make the first sentence clear. I have already bought these glasses and I am selling them but I am also looking at another product that has a Chinese brand but doesn't look like anything i've seen. My question is about the one i have already bought that looks like a popular brand.

Is it illegal to have a product that looks like another even if it's obviously not the popular brand. It's selling well, most likely because it does look like the expensive version, but I want to stop selling it if its illegal what i'm doing. I think I'm alright, its not like i'm selling knock-off **** trainers and saying they are ****. I have a product advertised and branded as one thing that looks similar to another more expensive version.

 

[TheWane]

I agree there are contradictions in what has been said.

Whatever the real situation is, however, there is no way to tell if there is infringement (or false advertising or some other unfair business practice) without a personal review by a professional.

Because China leads the world in counterfeiting, any product purchase should be questioned anyway, prior to investing in quantities of goods and attempting to import these goods into the US.

How would I go about getting a review off someone? Who is it I need to ask?

 

[quincy]

How would I go about getting a review off someone? Who is it I need to ask?

You will want to contact an IP attorney in your area. You can check your State Bar Association or AttorneyPages.com for an attorney.

There are design patents as well as patents for polarized lenses, and there are trademark rights in products that go beyond a product name.

If you are infringing on rights, you could have your goods confiscated and you could be sued. It seems like it would be worth it for you to have your goods evaluated by a professional before it reaches that stage.

Good luck.

 

[FlyingRon]

If your product appears to infringe on a well known mark, they may well be interdicted at the border and you'll lose out. Trademarks aren't always just logos and names. Christian Louboutin, for example, was able to defend the red sole on women's shoes.

 

[quincy]

If your product appears to infringe on a well known mark, they may well be interdicted at the border and you'll lose out. Trademarks aren't always just logos and names. Christian Louboutin, for example, was able to defend the red sole on women's shoes.

Exactly. IP protection extends to far more than the name identifying a product or service.