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

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?

Woodland Hills, CA -

Attorney Answers (8)

Philip Leon Marcus

Philip Leon Marcus

Trademark Application Attorney - Beaverton, OR
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
Tudor F Capusan

Tudor F Capusan

Intellectual Property Law Attorney - New York, NY
Answered

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

Michael Charles Doland

Michael Charles Doland

Intellectual Property Law Attorney - Los Angeles, CA
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
Kerry Blasingim

Kerry Blasingim

Intellectual Property Law Attorney - Saint Louis, MO
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
Kambiz Tom Kohan

Kambiz Tom Kohan

Copyright Infringement Attorney - Los Angeles, CA
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.

Dariush G. Adli

Dariush G. Adli

Intellectual Property Law Attorney - Los Angeles, CA
Answered

Short Answer: Don't.

Bruce E. Burdick

Bruce E. Burdick

Intellectual Property Law Attorney - Alton, IL
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
Ian Edmund Scott

Ian Edmund Scott

Immigration Attorney - New York, NY
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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