Hello, I am wondering about selling counterfeit sunglasses on the street.

Asked almost 2 years ago - Woodland Hills, CA

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?

Attorney answers (8)

  1. Philip Leon Marcus

    Contributor Level 16

    12

    Lawyers agree

    Answered . 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.

    Licensed in Maryland with offices in Maryland and Oregon. Information here is general, does not create a lawyer-... more
  2. Tudor F Capusan

    Contributor Level 8

    9

    Lawyers agree

    1

    Answered . Selling counterfeit goods will subject you to criminal penalties such as heavy fines or imprisonment, or both. 18 USC 2320

  3. Michael Charles Doland

    Contributor Level 20

    7

    Lawyers agree

    Answered . Your plan is terrible. There are civil and criminal penalties for selling knock-offs. Slight modiications will make no difference.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  4. Kerry Blasingim

    Contributor Level 12

    6

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    1

    Best Answer
    chosen by asker

    Answered . 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.

    No information you obtain from this answer is legal advice, nor is it intended to be. You should consult an... more
  5. Kambiz Tom Kohan

    Contributor Level 5

    3

    Lawyers agree

    Answered . 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.

  6. Dariush G. Adli

    Contributor Level 11

    3

    Lawyers agree

    Answered . Short Answer: Don't.

  7. Bruce E. Burdick

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more
  8. Ian Edmund Scott

    Contributor Level 12

    Answered . Answers in order. 1. Problem 2. Yes you can be arrested and charged 3. refer to 2.

    The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only.... more

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