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Not illegal to sell replica Coach

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Jul 22, 2008, 11:52am   #1
o
Thread Starter
onesharon
Member
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!
Jul 22, 2008, 11:55am   #2
Hevnly's Avatar
Hevnly
*Coach-Aholic*
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.
Jul 22, 2008, 12:13pm   #3
d
diamond2000
Member
It is illegal to sell any replica items no matter you state that is a replica or not. It is against trademark law. There are tons of replica internet stores because they just hasn't been caught yet.
Jul 22, 2008, 12:18pm   #4
nawth21's Avatar
nawth21
Addicted!
No, it still is a federal crime to sell counterfeit products..... Hope you didn't pay that lawyer for that wonderful advice.

  1. 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.
Jul 22, 2008, 12:20pm   #5
oscarcat729's Avatar
oscarcat729
WAHOO!!!
Not that I'm selling anything, just interested, but what about a Goach? Because that's technically not Coach's "symbol/word".
Jul 22, 2008, 12:20pm   #6
oopsididitagain's Avatar
oopsididitagain
»──♥──>
It seems like the bag has to be marked somehow that it's a replica, shouldn't it? I know that replica coins can be sold if they are stamped "copy" or "replica" right on the coin. Some coin collectors want them for fillers for their collection but if they're not stamped, they're illegal!
Jul 22, 2008, 12:23pm   #7
nawth21's Avatar
nawth21
Addicted!
Originally Posted by oscarcat729
Not that I'm selling anything, just interested, but what about a Goach? Because that's technically not Coach's "symbol/word".
That's not a counterfeit item, it is considered designer inspired and is legal. The word "replica" is tossed about a bit much, and people use it in reference to both illegal counterfeits and legal designer inspired items. So, it depends on which one you're talking about.
Jul 22, 2008, 12:26pm   #8
c
coachariffic
Member
^^ Yes designer inspired is ok.

I see those kiosk in the mall with designer inspired sunglasses all the time.

No one stops them.
Jul 22, 2008, 1:45pm   #9
kphillips's Avatar
kphillips
Peace, Love, Coach
^^ To tag on...just make sure not to use the name "Coach" in your description or it will be considered a violation of trademark. You can use the words "designer inspired" without specifically naming the designer.
Jul 22, 2008, 1:47pm   #10
c
coachariffic
Member
Originally Posted by kphillips
^^ to tag on...just make sure not to use the name "coach" in your description or it will be considered a violation of trademark. You can use the words "designer inspired" without specifically naming the designer.
ita!
Jul 22, 2008, 2:45pm   #11
kattykay's Avatar
kattykay
sofa king sexy!
a lawyer? unless you paid alot fr it i wouldnt bother trying to resell it, just give it away
Jul 22, 2008, 4:16pm   #12
Cindi's Avatar
Cindi
My baby, Bellis
If it states Coach anywhere on the bag it is illegal. If it just looks like the Coach design then it is considered designer inspired.
Jul 22, 2008, 5:39pm   #13
o
onegirlcreative
Daddy's Little Girl
Originally Posted by kphillips
^^ To tag on...just make sure not to use the name "Coach" in your description or it will be considered a violation of trademark. You can use the words "designer inspired" without specifically naming the designer.
Yes, because if you do, eBay/VeRO will pull your listing either way. Regardless if you say Replica or not.
Jul 22, 2008, 5:58pm   #14
i
indefinite
Member
Originally Posted by onegirlcreative
Yes, because if you do, eBay/VeRO will pull your listing either way. Regardless if you say Replica or not.
Yeah Ebay doesn't allow the word replica, or mirror item.
Jul 23, 2008, 8:03am   #15
N
Nichi
Member
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.
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