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Question added to topic Selling OnlineDecember 2, 2008

Would it be legal to sell replicas online and state that they are replicas?

I did this for a few months two years ago, and then I sold my Web site. It's fun selling online and I would like to do it again, but first I want to do the right thing.

Although your purchasers would doubtlessly appreciate your gesture, two wrongs wouldn't make a right in the case of advertising replicas as replicas. Most laws concerning counterfeits target the production end of the counterfeiting process, so circulating an already illegal product--regardless of how you advertise it--is dangerous.

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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