I don't think that I would bother trying to sell it. Even if you do not say anywhere in your listing that it is a Coach bag, there could always be that one person that assumes it is authentic, bids and wins, gets the bag and then opens a dispute. Not that they would win (who knows), but is it really worth the hassle?
I have an imitation Coach bag that I bought at an auction a while ago. The seller claimed it was real and it wasn't, and I wasn't smart enough to know any better. At any rate, what she did was illegal because she misrepresented the bag.
However, if I want to sell it, I can do so if I make sure to state that the bag is a replica.
Since I'm never going to use it, I had been thinking of selling it and so I consulted a lawyer.
I've read here how it's illegal to sell replica bags and just wanted to let you all know that it isn't, as long as you state that it is a replica.
How people feel about replica bags is a complete other story!
Make sure you get a different lawyer to get you out of jail when you get caught selling replica bags.
it is an IPR violation if it uses coach designs or logos. if it uses 'goach' as someone said, it could still be a violation, and i think it is, because it would fall under the 'confusingly similar' clause. there are a lot of IPR that it could fall under, and if the trademark owner wanted to pursue it, they'd probably have a leg to stand on. i'd just say to give it away to charity, as opposed to trying to make money back on a known replica/fake.
Wow thank you for that info. I was wondering that as well. Because there are shops in my local mall that sell replicas and they never get introuble. Not to mention the thousands of replica internet stores.
the only reason they aren't getting in trouble is no one is reporting them/pursuing it. if you wanted to call coach or LV or whatever trademark they are infringing on and report the mall kiosk seller, likely they will be stopped. the problem is, there are so many little mall booths, flea market sellers, street vendors, etc. that it is hard for the rightful trademark owner to pursue everything.
No, it still is a federal crime to sell counterfeit products..... Hope you didn't pay that lawyer for that wonderful advice.
I.B.2. Trademarks and Sevice MarksThe federal law of trademarks and service marks protects a commercial identity or brand used to identify a product or service to consumers. The Lanham Act, 15 U.S.C. §§ 1051-1127, prohibits the unauthorized use of a trademark, which is defined as "any word, name, symbol, or device" used by a person "to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods." 15 U.S.C. § 1127. By registering trademarks and service marks with the U.S. Patent and Trademark Office, the owner is granted the exclusive right to use the marks in commerce in the United States, and can exclude others from using the mark, or a comparable mark, in a way likely to cause confusion in the marketplace. A protected mark might be the name of the product itself, such as "Pfizer" or "L.L. Bean"; a distinguishing symbol, such as the Nike "swoosh" or the MGM lion; or a distinctive shape and color, such as the blue diamond shape of a Viagra tablet. Certain symbols like the Olympic rings also receive like protection.
Legal protections for trademarks and service marks not only help protect the goodwill and reputation of mark-owners, but also promote fair competition and the integrity of markets, and protect consumers by helping to ensure they receive accurate information about the origins of products and services.
Federal criminal law has long prohibited trafficking in goods or services that bear a counterfeit mark. 18 U.S.C. § 2320. As discussed more fully in subsequent chapters, in March 2006 the criminal trademark statute was amended to also prohibit trafficking in labels or packaging bearing a counterfeit mark, even when the label or packaging is unattached to the underlying good. Individuals convicted of § 2320 offenses face up to 10 years' imprisonment and a $2,000,000 fine.
Yep, this is 100% right.
Whatever so called lawyer that told you it was not illegal must be smoking some of the good stuff
Depending on how long ago you purchased the bag you might still have the option of returning it to the original seller asking for a refund. If you paid via Paypal and are still within the required time-frame you can open a Paypal dispute stating that the item was not as described (ie, that is was described as a Coah bag, but is not). If it has been longer than the allotted time, you may still want to contact the seller and ask about returning the bag since it is a fake and selling fakes is against the law.
I had this happen with a fake Chanel quite some time ago. First, the bag wasn't shipped for quite some time, so I filed a Paypal claim as not received. Just as the thirty day mark was reached the bag showed up and turned out to be a very poor fake. I tried to modify my Paypal claim from not received to not as described, and they wouldn't let me. I spoke with someone on the telephone from Paypal and he told me there was a flaw in the Paypal protection system that you could only file a claim for one reason and in situations like mine to go to eBay's buyer protection plan, which was still in place at the time, and which I did. Problem was, the buyer protection plan had a $35.00 processing fee. I got my money back, less shipping both ways and the $35.00, which amounted to almost $55.00. I contacted the seller and told her very plainly that selling counterfeit bags was illegal and that if she didn't refund the $55.00 I was still out that I was going to take her to small claims court, which I had every intention of doing. She paid the $55.00. She still came out on the good end because eBay, not the seller, refunded the purchase price (less the fees). She ended up a few hundred dollars ahead. I watched her buying/selling on and off for a year and she had several none paying negatives, then eventually the id was no longer registered. Funny, her name was Brandy, same as the scammer in OK, but this one was in TN.
Whatever you do, make sure you think about how it will effect you it the log run. If you sell authentic bags and someone checks on past auctions to see what was sold and what the feedback was and notices that you sold a replica, they may be less prone to trust that your bags are authentic. They auction links in the feedback section drop off after like 30 days, so after that point it wouldn't matter.
I believe in donating these bags to charity. I would write "replica" somewhere inside (unless it's a dark lining on which writing won't show) and give it away to a large charity. There are people who have nothing or lose everything who depend on donated items.