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Question added to topic Legal Basics For StartupsDecember 2, 2008

Is it legal to resell replica brand-name products without the original designers' permission?

I have a small online business and have access to wholesale replica brand-name products, such as Gucci, Prada, Shloe, etc. I have not purchased any products because I do not know if there are legal repercussions for reselliing imitation brand names without the original designers' permission. However, I see these products selling worldwide, apparently successfully.
You're right--these knockoff products sell like hot cakes worldwide, especially in and out of foreign markets such as China. The reason you don't see many of these products coming from the U.S., however, is because intellectual property laws are particularly stringent here. You're treading on dangerous ground when you sell products that carry trademark infringements. Familiarize yourself with the policies of the United States Patent and Trademark Office (www.uspto.gov), and when in doubt, avoid selling counterfeits.

Nina L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under her Ask The Business Lawyer brand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes the Making It Legal blog.

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