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Knockoffs or Not Knockoffs

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Vman570

Guest
State - PA

We have a handbags website that sells bags that look similar to some of the designer handbags. First let me say we really thought what we were doing was legal and let m explain. We saw all the knockoffs that have copyright logos and lables on them but we always stood clear of them.

The bags we sell have no lables, no logos and we don't mention a designer on the website. They look close but to be honest we loose lots of business because people want them to look like the real thing.

We always felt that we were being smart about selling the types of bags we sell. We figured we would not make a killing because they look fake but but we would avoid legal problems in the long run.

We recieved a letter from a lawyer who says he is representing a large designer company. He states that even though we do not have lables or logos which would be infringment we are still confusing the consumer.

We sent him a letter back stating our case but he says his client still wants them disposed of. Trying to find info on this subject is hard, many people tell us they are just bullying us because they feel we are diluteing the market. I feel we are doing nothing wrong however we are just a small company and not sure it's worth the aggravation. This is probably what they are thinking also and know that we are an easy target.

We find this so crazy since there are tons of websites selling the infringing bags and using the designer name.

Any help would be appreciated, this might mean bankruptcy for us.
 


HomeGuru

Senior Member
Vman570 said:
State - PA

We have a handbags website that sells bags that look similar to some of the designer handbags. First let me say we really thought what we were doing was legal and let m explain. We saw all the knockoffs that have copyright logos and lables on them but we always stood clear of them.

The bags we sell have no lables, no logos and we don't mention a designer on the website. They look close but to be honest we loose lots of business because people want them to look like the real thing.

We always felt that we were being smart about selling the types of bags we sell. We figured we would not make a killing because they look fake but but we would avoid legal problems in the long run.

We recieved a letter from a lawyer who says he is representing a large designer company. He states that even though we do not have lables or logos which would be infringment we are still confusing the consumer.

We sent him a letter back stating our case but he says his client still wants them disposed of. Trying to find info on this subject is hard, many people tell us they are just bullying us because they feel we are diluteing the market. I feel we are doing nothing wrong however we are just a small company and not sure it's worth the aggravation. This is probably what they are thinking also and know that we are an easy target.

We find this so crazy since there are tons of websites selling the infringing bags and using the designer name.

Any help would be appreciated, this might mean bankruptcy for us.
**A: oh brother, get with the program.
 
V

Vman570

Guest
But let me also say that 3 of the bags we sell have been on the shelves at Macy's and Nordstroms and generic bags.
 

HomeGuru

Senior Member
Vman570 said:
But let me also say that 3 of the bags we sell have been on the shelves at Macy's and Nordstroms and generic bags.
**A: oh, then that's different. Tell the attorney to sue Macy's and Nordstrom then. C'mon, get real.
 
V

Vman570

Guest
My point is how do they get away with it, why are they not receiving threatning letters also. As I said 3 of these bags are exactly the same.

I know I am in a no win situation but it bothers me that because I am little I will have to go bankrupt. The lawyer who sent me the letter even said that we are not infringing on there logos or name but that we are confusing people.

Years back Ford makes an SUV which is popular, GM comes out with one that looks similar. The bags we have might look similar but they don't have the logos, names nor exact style.

Everythin I have been told is that they can copyright a style but what if my style is different.

It's the term "confusement" that gets me.
 

HomeGuru

Senior Member
Vman570 said:
My point is how do they get away with it, why are they not receiving threatning letters also. As I said 3 of these bags are exactly the same.

I know I am in a no win situation but it bothers me that because I am little I will have to go bankrupt. The lawyer who sent me the letter even said that we are not infringing on there logos or name but that we are confusing people.

Years back Ford makes an SUV which is popular, GM comes out with one that looks similar. The bags we have might look similar but they don't have the logos, names nor exact style.

Everythin I have been told is that they can copyright a style but what if my style is different.

It's the term "confusement" that gets me.
**A: yeah, you're right. Time to take a vacation at the confusement park.
 
V

Vman570

Guest
Home Guru,

Why the hell are you here. I am asking an honest question and it looks like you just out here to slam everone.

I can see your great for this site!

No life I suppose.
 

HomeGuru

Senior Member
Vman570 said:
Home Guru,

Why the hell are you here. I am asking an honest question and it looks like you just out here to slam everone.

**A: not true, not everone. The word is everyone. With a Y, like y such an attitude?
************


I can see your great for this site!

**A: the word is you're as in you are.
********

No life I suppose.

**A: your write. Im dead man talkin.
 
V

Vman570

Guest
That was a short membership!

I have better things to do with my time, I see you don't.

Enjoy life!
 

HomeGuru

Senior Member
Vman570 said:
That was a short membership!

**A: thus following your term of knockoff.
*********

I have better things to do with my time, I see you don't.

**A: I am enjoying this website and getting paid at the same time. What a life.
********

Enjoy life!

**A: thanks and the same to you too.
 
V

Vman570

Guest
I came here to get advice.

Your advice was "**A: oh brother, get with the program."

This is my life, I have kids and bills to pay. If I were looking to get slammed there are many places I could have done that. I was serious with my question even if it sounded stupid to you. We have been doing this since 1995 and it had been fine all along. Now it seems to be a problem and we don't know why.

You could just have said, we have no idea and can't help you.
 

HomeGuru

Senior Member
Vman570 said:
I came here to get advice.

Your advice was "**A: oh brother, get with the program."

This is my life, I have kids and bills to pay. If I were looking to get slammed there are many places I could have done that. I was serious with my question even if it sounded stupid to you. We have been doing this since 1995 and it had been fine all along. Now it seems to be a problem and we don't know why.

You could just have said, we have no idea and can't help you.
**A: ok, listen up. You are a business man and have common sense right? Ok, then if you get a letter from an attorney representing a huge player in the designer handbag business, would you not think to go to a local attorney with the letter and get a free consultation? That's my point. Over the internet we can't read your letters and talk to you face to face.
 
V

Vman570

Guest
Was just asking for advice, this is a "FreeAdvice Forum" is it not. I guess I will go to a lawyer but was curious if anyone had heard of something like this.

Are you a lawyer or someone who just gets off on giving sarcastic answers. If your a lawyer I am not sure why someone would hire you. Bad people skills as far as I can see.

It's not what you said but how you said it.
 

HomeGuru

Senior Member
Vman570 said:
Was just asking for advice, this is a "FreeAdvice Forum" is it not. I guess I will go to a lawyer but was curious if anyone had heard of something like this.

**A: yes, I have heard of numerous instances similar to your circumstances.
*********

Are you a lawyer or someone who just gets off on giving sarcastic answers.

**A: both.
*********
If your a lawyer I am not sure why someone would hire you.

**A: because despite my sacrastic responses and demeanor, I win cases period.
********
Bad people skills as far as I can see.

**A: you are certainly entitled to your opinion. And it's a free country.
********

It's not what you said but how you said it.

**A: ok, then I am sorry your feelings were hurt.
 

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