Q: Can i sell replica clothing without selling them as authentic?
For instance I buy a designer brand from china and I sell it not as authentic but also a rep with also a cheaper price than the authentic version. Is that legal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New Jersey
- (973) 798-6131
- View Profile
- Answered
A: NO! Unless you want to have more legal problems than you can possibly imagine. The owners of the intellectual property will eventually file a lawsuit against you. It is just a matter of time but it is a virtual certainty. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Selling replica clothing, even when explicitly stating that the items are not authentic, can still lead to legal issues. Trademark and copyright laws protect the intellectual property of brands, and selling replicas often infringes on these rights. Even if you are transparent about the products being replicas, this may still violate the brand's protections.
Enforcement of these laws varies by country, but many jurisdictions have strict penalties for selling counterfeit items. You could face fines, lawsuits, or even criminal charges, depending on the scale of the activity and the specific laws in your area. It’s not just about misleading customers; it’s about using another brand’s identity, which is often illegal.
If you’re considering this kind of business, it’s important to carefully research the laws in your country or region.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
