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Is it legal to sell imitation designer handbags if you let the buyer know that they’re buying a fake?
Sunday, February 15th, 2009 Subscribe To Our Feed
hunnibabeexoxo asked:
Hi!!!
Hi!!!
I’m looking at starting my own business selling handbags, and while looking for suppliers, I’ve come across quite a few companies that sell designer fakes.
If I chose to sell these handbags, I plan to inform the buyer first that these are high quality imitations.
I understand alot of women love designer handbags but not many can afford to spend a whole month’s wages on one, I just thought this might be a nice alternative – but I don’t want to break any laws!
I’m located in Australia if it makes any kind of difference.
Please let me know your thoughts, and thanks in advance for your help!
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February 17th, 2009 at 1:00 am
No, it is called infringement of copywrite and you could be sued by the original manufacturer.
February 19th, 2009 at 1:05 am
It’s completely fine! You are informing your customers.
Happy selling!
February 21st, 2009 at 12:43 pm
According to International Intellectual Property laws if something has an international patent or anykind of international protection (copyright, trademark) against copying and sales of the product then it is illegal to profit from the sales of the illegally counterfeited materials. On the otherhand, if you intend to stay small, and are informing customers that they are knock off and the products you make don’t have the exact same labeling as the authentics then you will be fine. The only way you will ever see any legal action from the companies you are counterfeiting is if they cost of suing you is outweighed by the amount of money you are taking from their businesses. Meaning, as long as you stay under like ten million$$$USD sales a year of each particular brand, you will be fine because you are too small for them to attack, not worth it. Many MANY counterfeiters lurk in China and never get caught because it is too expensive to hunt them down.
I personally think that as long as you tweak the product with a different yet similar label and do tell that they are not authentic, than you shall be fine.