selling look alikes

[jtstow]

I am an owner of a small LLC that makes and sells handmade goods. I have come across some materials from Asian countries that have well known, high fashion symbols on them. At first glance they look authentic but given the origin I am guessing they are not. I probably already know the answer to this next question but can we buy these materials, make a different product from them and sell them to customers? I have seen the same material sold on other sites selling handmade goods. Are they infringing? Can I disclose that they are not authentic and sell them or can I give them away for free with qualifying purchase?

 

[army judge]

If you lived somewhere on the Asian continent or the middle east, I'm sure this is done without a hitch. I've seen such things in my travels.

In this country, such actions aren't encouraged. In fact, they're illegal.

Don't cut your own throat or help someone else pick your pocket.

Just don't even go there!!!!

 

[Michael Wechsler]

Assuming I understand Army Judge's response - I agree with him. If you're not altering parts of the products that are potentially infringing, you'll be liable for infringement. You'll never see a dime if you're thinking of recovering from these overseas companies.

If you're asking whether you can take a fake Rolex and remove the "Rolex" name and resell the watch itself, you might be able to do so. Beware that some products do have design patents and may have a unique and identifiable appearance which is protected.