What happens if you get caught selling replicas?

What happens if you get caught selling replicas?

So a wholesaler-distributor who knowingly sells counterfeit products has a lot to lose under the Federal law: Imprisonment – Up to 10 years for the first offense and up to 20 years for a repeat offender. An offender who knowingly or recklessly causes death as a result of an unlawful sale faces up to life in prison.

Can you get in trouble for selling replicas?

Selling brand name “replica” products is unlawful throughout the United States. Informing the consumer that your product is a “replica” does NOT protect you from infringement liability and, in fact, it is an ADMISSION that you’re selling counterfeit product.

Is selling replicas online illegal?

Second, a seller can be prosecuted under the Trademark Counterfeiting Act of 1984. The Act makes it illegal for individuals to knowingly use a counterfeit trademark to sell goods or services.

Is it illegal to sell Rolex replicas?

It is illegal to sell knockoffs and fakes no matter how often you see violations. It is illegal to knowingly buy one but your chance of prosecution is very small.

How do I report someone selling knockoffs?

Report Counterfeit or Pirated GoodsReport Counterfeit or Pirated Goods. If you feel that you have been the victim of an intellectual property crime, you can report the crime by clicking on the button to the left, calling the IPR Center at 1-866-IPR-2060, or contacting a field office of the FBI.

Is it illegal to sell dupes?

Counterfeiting is the act of making or selling lookalike goods or services bearing fake trademarks. The sale of counterfeit goods (as described below) is illegal, as you’re probably aware.

Are replica watches worth buying?

Today, counterfeit watches are big business and many of them look virtually identical to the real thing. In fact, without opening the case, some experts have been routinely fooled into believing a fake watch was real.

Can you sell replica watches?

It is against the law to sell counterfeit goods but it is not against the law to UNKNOWINGLY buy or be in possession of such goods.

What happens if you sell a fake watch on eBay?

If the merchandise is fake, report the listing to eBay and let them take action to enforce their policies. Your purchase is covered by the eBay Guarantee, which entitles you to receive your money back if the item you receive doesn’t match what is listed. The seller has three days to respond.

Is it a crime to sell fake goods?

California Penal Code 350 PC makes it a crime to manufacture, sell, or possess for sale, any counterfeit trademarks. Trademark Infringement and counterfeit goods is described under California Penal Code 350, which prohibits possessing, selling, or manufacturing counterfeit goods with a registered trademark.

Do watch Pilot sell fake watches?

When you purchase from WatchPilot, you can rest assured that you’re purchasing a 100% authentic watch. We do not sell fakes watches, copied watches or replica watches. All watches are 100% genuine designer brands.

What’s the penalty for selling a counterfeit trademark?

Counterfeit trademarks can appear on labels, stickers, packaging, tags, signs, and more. If a company violates the Act, it could be fined up to $15 million. Individuals who are convicted under the Act can face up to a $2 million dollar fine and 10 years in prison.

What makes Rolex trademark infringement a TM infringement?

Trademark rights stem from causing confusion as to the source of the goods. Relevant factors to consider for TM infringement in this situation can include whether the seller displays a disclaimer making it clear to the purchaser that it is not the real deal and that Rolex is not affiliated with the goods actually being sold.

Can a person get in trouble for selling counterfeit goods?

A mere offer to sell counterfeit products can also trigger counterfeiting liability. For example, an individual offered to sell counterfeit jeans and provided a sample to an undercover police officer. Proof of actual production or sale of the jeans wasn’t necessary to prove counterfeiting.

Who is liable for selling fake Louis Vuitton merchandise?

Similarly, an Internet Service Provider (ISP) that hosted several websites selling fake Louis Vuitton merchandise could be liable for contributory infringement. The district court likened the ISP in this case to a proprietor of the flea market found liable for contributory infringement.