Q: If I were to start small party business selling replica purses that had the tradmark of real brand . Would I go to jail?
I am not sure about this but have heard all sorts of rumors. I am looking into starting a party business going to others homes and having a party where I sell purses, etc. Some of the purses about 20 will be replicas (knock offs) and would have the trademark of name brand the other 40 purses of my inventory would be other brands that would be real, not knock offs. If I notify people that the 20 aren't real brand will I go to jail, is it a felony? and are there investigation teams looking for small amounts of replicas or so they look for the big stores that sell replicas?
A:
Criminal penalties are applicable in severe trademark infringement cases involving counterfeiting of products. Counterfeiting is considered to be an extreme form of trademark infrigmement since the infringer knowingly takes advantage of the trademark, brandname, and goodwill of a firm to deliberately create counterfeit products (i.e. lower quality imitations) for the purpose of seeking economic gain. The Trademark Counterfeiting Act of 1984 and the Anticounterfeiting Consumer Protection Act of 1996 address the problem of trafficking in countefeit trademarked goods and the distribution of imitations of well-known trademarked mechandise. According to these Acts "(w)hoever intentionally traffics or attempts to traffic in goods and services and knowingly uses a counterfeit mark on or in connection with such goods or services" is guilty of a felony. These acts ammend the Lanham Act to provide stronger civil penalties in cases involving counterfeiting.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
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