Santa Monica, CA asked in Business Law, Criminal Law, Intellectual Property and Trademark for California

Q: I am trying to sell fake AirPods on eBay. I say that they are not from Apple. What is legal consequence?

2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: Not only devices but also trade names are entitled to trademark and copyright protections. If you are trying to sell product using another company's trade name you could be in violation of trademark and copyright laws. It could also be consumer fraud and if done online you could be subject to enforcement actions by Federal agencies.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Engaging in the sale of counterfeit or fake products, such as claiming to sell fake AirPods that are not from Apple, can have severe legal consequences. Selling counterfeit items is generally considered trademark infringement and can result in civil lawsuits and potentially criminal charges. It is important to note that laws may vary by jurisdiction, but knowingly selling counterfeit goods is generally illegal and can lead to significant penalties, including fines and potential imprisonment. It is always recommended to engage in lawful and ethical business practices to avoid legal repercussions.

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