San Jose, CA asked in Consumer Law, Contracts and Copyright for California

Q: Would I be liable for manufacturing the packaging for knockoffs items?

Hello, I own a packaging company located in California. We have a client who just put in a very large order for custom boxes for his vape pen/CBD products.

Turns out he's importing generic vape cartridges and CBD products, putting them in nice packaging with known brand names, and selling them. So he's basically selling knockoffs and wants us to do the packaging.

Obviously what he's doing is illegal, but would we get in trouble for making the knockoff packaging? It's a huge order and it would be an absolute lifesaver, especially since business has significantly slowed down after the stay at home orders.

3 Lawyer Answers
George W. Wolff
PREMIUM
Answered

A: What exactly are you doing for him?

Marcos Garciaacosta agrees with this answer

A: Any economic gain you would receive from this order would be short term in nature. Copyright infringement is strict liability, meaning, even if you did not know that the labels were counterfeit, the owner of the copyrighted work can still come after you. Similarly, the counterfeit use of the trademarks would give the owners of the trademarks claims against you. Knowing what you do about this customer, best to stay far away. If you do get in trouble, he will be nowhere around to bail you out.

Marcos Garciaacosta agrees with this answer

A: Yes, very likely

Don't

Look at it this way, if he is asking you to do something that is illegal, can you really trust him?

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