I live in the LA area and am wondering what the consequences are for selling counterfeit sunglasses. What if these sunglasses spell ray ban; ruy ban and the logo is slightly different? Can I still be arrested and charged? With what consequences?
Intellectual Property Law Attorney
What they said; this is the very definition of trademark infringement. You cannot deliberately cause confusion in the marketplace or trade on the goodwill of someone else's products or company. That's the purpose having trademark protection, in the first place. What you are talking about is *exactly* what trademark laws are meant to prevent.
As for the consequences, you'll be ordered to turn over all profits you earn by selling the glasses and to not sell any more of the glasses. If there were additional damages to the company (Ray-Ban), you'll be ordered to pay those, as well. You'll have to pay all of the filing and other administrative costs of the trademark infringement proceeding, and, if the court decides you were being particularly egregious, it has the option of requiring you to pay the company's attorney fees.
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Selling counterfeit goods will subject you to criminal penalties such as heavy fines or imprisonment, or both. 18 USC 2320
Trademark Application Attorney
This is a joke, right? You just called them counterfeit and that is what they are. Minor changes in spelling do not defeat the "likelihood of confusion," and they will throw your butt in jail. Find honest work.
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Your plan is terrible. There are civil and criminal penalties for selling knock-offs. Slight modiications will make no difference.
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Copyright Infringement Attorney
I assume when you mention "LA area" you are talking about the Santee alley in Downtown LA? That is one of the places that all brand companies start the investigations into counterfeit goods.
Intellectual Property Law Attorney
Read 18 USC 2319 and contemplate 1 to 10 years in a federal pen.
Read 15 USC 1114 and contemplate a raid without warning on your business and seizure of your goods and treble damages (three times your sales volume) and attorneys fees of the brand owner in suing you.
Google the name Victoria Espinel and see whether you think that stopping this type of activity has high profile attention or not. Hint: She works in the White House.
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Answers in order. 1. Problem 2. Yes you can be arrested and charged 3. refer to 2.
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