Should I be concerned if someone is selling counterfeit goods from a website I made?

[WilliamSerr]

I am a freelancer and have designed and programmed various websites including online stores. I have a bunch of stores that are designed, programmed and maintained by me but are hosted by and owned by other parties (my clients). I don't manage the content of those websites or the products that are offered or sold on them.

This is my concern: what if someone sells counterfeit products or presents content that infringes trademark laws through those websites. Could I also be held liable for designing, programming and maintaining such a website?

 

[Zigner]

Sorry, this forum is for US law only.

I am a freelancer and have designed and programmed various websites including online stores. I have a bunch of stores that are designed, programmed and maintained by me but are hosted by and owned by other parties (my clients). I don't manage the content of those websites or the products that are offered or sold on them.

This is my concern: what if someone sells counterfeit products or presents content that infringes trademark laws through those websites. Could I also be held liable for designing, programming and maintaining such a website?

 

[OHRoadwarrior]

As I mentioned on another forum. Consider your actions in reference to the RICO Act.

 

[quincy]

WilliamSerr, I have no idea what you could possibly have posted on the other site that would have led OHRoadwarrior to conclude that the RICO Act has anything to do with your question asked here. Perhaps you can enlighten us and, at the same time, provide the name of your state, as requested by Zigner.

If you are not in the U.S., however, the answer I do have to your question will not apply.

Laws can vary in significant ways between the states in the U.S. and, especially, laws can vary in significant ways between the countries of the world. If you would like your questions answered and your question is U.S. law based, you MUST provide this information.

Thanks.

 

[OHRoadwarrior]

From Wikipedia

he Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows for the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them, closing a perceived loophole that allowed someone who told a man to, for example, murder, to be exempt from the trial because he did not actually do it.
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Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count.
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RICO predicate offenses

Under the law, the meaning of racketeering activity is set out at 18 U.S.C. § 1961. As currently amended it includes:

Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);
Embezzlement of union funds;
Bankruptcy fraud or securities fraud;
Drug trafficking; long-term and elaborate drug networks can also be prosecuted using the Continuing Criminal Enterprise Statute;
Criminal copyright infringement;
Money laundering and related offenses;
Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
Acts of terrorism.

 

[quincy]

I know what the RICO Act is, OHR, but I see absolutely no connection to it and counterfeit goods being sold on a website designed, programmed and maintained by WilliamSerr.

Depending on where WilliamSerr lives and on facts not yet disclosed by WilliamSerr, he could have immunity from prosecution for what is sold by others on his website.

 

[OHRoadwarrior]

I know what the RICO Act is, OHR, but I see absolutely no connection to it and counterfeit goods being sold on a website designed, programmed and maintained by WilliamSerr.

Depending on where WilliamSerr lives and on facts not yet disclosed by WilliamSerr, he could have immunity from prosecution for what is sold by others on his website.

That was why I suggested he consider his question in relation to it. We don't know where he is located OR if the purpose of his question was discovery of knowledge to further support of criminal enterprises. I provided the RICO info to help you understand what my thinking was. I was not making a judgment either way as to whether that was occurring.

He simply asked "what if someone sells counterfeit products or presents content that infringes trademark laws through those websites. Could I also be held liable for designing, programming and maintaining such a website?" The answer would be possibly yes, however, as you have not expounded on the fine details, no one could fairly asses the matter completely IMO.

 

[quincy]

Ah. Okay.

I thought perhaps WilliamSerr had said more on the other site that led you to connect his actions or activities to racketeering because I see no such connection in what he wrote here.

But, if he doesn't return and tell us what country he lives in, it really doesn't matter one way or the other.

 

[OHRoadwarrior]

Ah. Okay.

I thought perhaps WilliamSerr had said more on the other site that led you to connect his actions or activities to racketeering because I see no such connection in what he wrote here.

But, if he doesn't return and tell us what country he lives in, it really doesn't matter one way or the other.

He is in the US. Subsequent to my post he had a question about RICO and its application in regard to being a contractor hired to design a specific site. I suggested he re-post the question here also. Can you assist with an answer. You seem to be well versed in almost everything.

 

[quincy]

He is in the US. Subsequent to my post he had a question about RICO and its application in regard to being a contractor hired to design a specific site. I suggested he re-post the question here also. Can you assist with an answer. You seem to be well versed in almost everything.

It seems to you that I am "well-versed in almost everything," huh? Maybe it is because I tend to limit my responses to only questions where I have actual knowledge or when I have the time to do the research necessary to provide an accurate answer. . . . or you just haven't noticed the times when I am lured into a thread by curiosity, a trivia question, or the promise of Funsuckers.

I will wait to see if WilliamSerr returns.

 

[OHRoadwarrior]

Mmmmm Funsuckers!!!

 

[Proserpina]

Sigh. My warped little brain "Spoonerizes" that word every single time I see it.

Le sigh.