Designer inspired vs. fake/counterfeit

[mang0]

I just wanted to make sure what I'm thinking is correct when it comes to the difference between the two.

Designer inspired items are legal to sell, as long as they don't advertise themselves as being an item from the designer, right? So... selling a Goach purse (with the G logo) as long as you call it a Goach and not a Coach.

What if something is termed "Coach inspired" but has the C logo on it? (for example: http://www.etsy.com/listing/105005647/2-pc-set-baby-wipe-case-and-pacifier) Is that considered legal or illegal?

This is really bugging me because I see so many listings on Etsy that I would considerable questionable but may or may not be. I want to see what is reportable and what isn't! ullhair:

Thanks for any help!

 

[Swanky]

it has the logo = counterfeit, not inspired.

 

[mang0]

it has the logo = counterfeit, not inspired.

Yeah, that's what I figured. Same for those people selling expensive lengths of cloth with C logos. I guess I'll just report anything I come across. I'm not sure if Etsy cares so much about those types of things as some other sites though. (at least from what I've read)

 

[Shoppingfanatic]

That's interesting! I've had a similar question to you all. I've seen wonderful handmade bags which have been inspired by designer purses (Tod's, Celine, Chanel) and similar quality, however no logo what so ever and no brand name on it. So it is no counterfeit?
If a purse for example has the same leather quilted shape as a Chanel with the flap and everything, however does not carry any name, it is legal correct?

Sorry, I'm paranoid after reading about some people getting fined and sued after traveling with a "counterfeit" to europe for vacation.

Thanks,
Johanna

 

[tarafied]

I believe the "C"s are a trademark of Coach so that particular item would be a counterfeit. I have reported items to etsy before but I don't know if they care much about intellectual property.

 

[whateve]

That's interesting! I've had a similar question to you all. I've seen wonderful handmade bags which have been inspired by designer purses (Tod's, Celine, Chanel) and similar quality, however no logo what so ever and no brand name on it. So it is no counterfeit?
If a purse for example has the same leather quilted shape as a Chanel with the flap and everything, however does not carry any name, it is legal correct?

Sorry, I'm paranoid after reading about some people getting fined and sued after traveling with a "counterfeit" to europe for vacation.

Thanks,
Johanna

Only copying the copyrighted portions of the purses is illegal. They don't allow them to copyright a purse shape, for example, so it is totally legal to make a purse that looks identical to a Chanel flap as long as it doesn't have the CC logo on it. This is one of the reasons that designers put their logos all over their purses - to distinguish them from the copies.

 

[Hyacinth]

There were a few posts about 2 years ago at the "Answers..." thread with more details. Here's a reply to a post I made:
http://forum.purseblog.com/coach-sh...enticity-questions-94198-25.html#post12816282

And using the search terms the poster suggested, here's a current list of Coach's registered trademarks:

Serial Number Reg. Number Word Mark Check Status Live/Dead
1 85298046 HEARTS AND MINDS TSDR LIVE
2 85601526 LEGACY TSDR LIVE
3 85154062 4168626 COACH NEW YORK TSDR LIVE
4 85298051 4158912 LIQUID GLOSS TSDR LIVE
5 85411247 COACH EST. 1941 NEW YORK TSDR LIVE
6 85382884 4105636 C C C C TSDR LIVE
7 78974462 3413536 COACH EST. 1941 TSDR LIVE
8 78973744 LEGACY TSDR DEAD
9 78900692 3251315 COACH EST. 1941 TSDR LIVE
10 78007596 2626565 CC CC CC CC TSDR LIVE
11 77981956 4039244 RK TSDR LIVE
12 77978811 3779466 COACH OP ART TSDR LIVE
13 77978390 3812170 POPPY TSDR LIVE
14 77910662 4060601 CC TSDR LIVE
15 77898527 SONOMA TSDR LIVE
16 77859412 4027460 COACH.COM TSDR LIVE
17 77468118 MY N.Y. TSDR DEAD
18 77353998 3696470 CC TSDR LIVE
19 77282454 3439871 COACH TSDR LIVE
20 77097082 3441671 COACH LEATHERWARE EST. 1941 TSDR LIVE
21 77039846 3338048 COACH TSDR LIVE
22 76282888 3190381 HAMPTONS TSDR LIVE
23 76617654 3268806 SCRIBBLE TSDR LIVE
24 76574796 3012585 C TSDR LIVE
25 76519662 C COACH EST. 1941 TSDR DEAD
26 76348453 2832589 CC CC CC CC TSDR LIVE
27 76529261 2983654 COACH TSDR LIVE
28 75064011 2657467 MADISON TSDR LIVE
29 75043024 2017884 STATION BAG TSDR DEAD
30 75037438 2088707 COACH TSDR LIVE
31 75037437 2045676 COACH TSDR LIVE
32 75037436 2088706 COACH TSDR LIVE
33 75063551 2261783 SONOMA TSDR DEAD
34 73431281 1309779 COACH TSDR LIVE
35 73345984 1242098 COACH LEATHERWARE TSDR LIVE
36 73052297 1071000 COACH TSDR LIVE


So while Coach usually doesn't trademark most style names like Carly or Sabrina, they did at one time have "Station Bag" trademarked but either withdrew the TM or let it lapse, and some style names like Madison are still officially trademark-protected. And the word "Legacy" used on any of the type of item listed in the trademark registration is also protected now although it had also been allowed to go "dead" for a while:
http://tess2.uspto.gov/bin/gate.exe?f=doc&state=4007:38j0zz.2.2