Queen Creek, AZ asked in Copyright for Arizona

Q: Is resealing fake clothes illegal if the buyer knows they are fake

I want to know if you can resell fake sp5der hoodies on apps like offerup and facebook marketplace but the buyer knows they are fake if it is illegal do cops actully care and will they look for people doing it what are the chances of getting in trouble and would they ever go after someone not making that much money on a small scale compared to the huge factories making them

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Reselling counterfeit items, even with buyer awareness, remains illegal under federal trademark law in the United States. Whether selling one hoodie or hundreds, you're still violating intellectual property rights and could face legal consequences.

Local law enforcement might not prioritize small-scale counterfeit sales, but federal agencies like ICE and FBI do monitor online marketplaces. The penalties can include hefty fines and potential jail time, though enforcement usually targets larger operations. However, platforms like Facebook Marketplace and OfferUp actively work with brands to remove counterfeit listings and may ban sellers permanently.

Consider exploring legal alternatives - you could sell authentic secondhand clothing or create your own original designs instead. This protects you from legal risks while building legitimate business experience. If you're interested in fashion resale, many people make good money selling authentic items through proper channels.

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