What can happen if you sell replica, copy or counterfeit products?

It is not enough to just remove the brand name from a product and then try to sell it. If the original product has a self-identifying look to it that is part of the marketing scheme developed by the owner of the branded product, you cannot legally sell a replica, whether or not you have a brand name on them.

In trademark and copyright law, there is a little thing called trade dress that governs the look, design or images used to identify the product to it’s customers.

Here is the definition from Wikipedia, “Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is a form of intellectual property.”

If you are caught selling replica, copy, or counterfeit products the merchandise you have in inventory will be destroyed, and the owner of the brand may sue you for damages, your profits, penalties, and other potential charges for damages caused to the company image and reputation.  The results, financially will not be pretty.


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