I am selling jewelry online that I purchased wholesale from overseas. Some of the items might be designers but I am not aware

Asked over 1 year ago - Los Angeles, CA

if it has no logo or trademark from a big designer can I sell it.

Attorney answers (3)

  1. Michael Charles Doland

    Contributor Level 20

    4

    Lawyers agree

    Answered . Thanks Bruce and Daniel. Unless you do a lot of work in the jewelry business you probably don't run across the Gold and Silver Labelling Act of 1976 (entered into force 1986).

    It requires all gold, silver and platinum jewelry imported into the US to have three (3) marks: a Country of Origin mark; a quality mark, and a US registered trademark. If your jewelry is "precious metal" and does not have those three marks I am surprised it got through Customs, since the US Jewelers Vigilence Committee is very competent and persistent in protecting the rights of its members, who are generally US precious metal jewelry manufacturers and importers.

    If it is not "precious metal jewelry" then you have the issues raised by my collagues.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  2. Daniel Nathan Ballard

    Contributor Level 20

    3

    Lawyers agree

    Answered . This is a very smart question to ask. Especially because it sounds like you're suspicious the jewelry may be reproductions of other's designs.

    SOME jewelry may lawfully be sold even if they are reproductions of another's design.

    But some cannot because some jewelry is protected by a copyright, some by trade dress law and some by a design patent.

    So, unfortunately, just because a piece of jewelry [or its packaging] does not display a "big designer's" logo or trademark does not mean that it can lawfully be imported or sold.

    There's no getting around having to speak with your own intellectual property attorney to help you decide if the jewlery you're importing can lawfully be sold. Good luck.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and... more
  3. Bruce E. Burdick

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Maybe yes and maybe no. You buy fake ROLEX watches and have the ROLEX and "Perpetual Oyster" or other indicia removed. It is clear they are knockoffs. You wonder if you can sell those. The specific answer if yes, but you might get sued if you do. Your fakes likely violate trade dress. You likely use the brand name in your advertising. If you do either, I would expect ROLEX to sue you. Now, it may not be ROLEX watches you are doing, but you get the drift. What you are doing is really sleazy and either illegal or borderline legal. A judge is likely to order an ex parte seizure of your entire inventory, if the investigators can locate you, and they are very good at doing just that. I think you are lying about not being aware, as otherwise you would not be here asking. Asking shows you are clever and ARE aware and are worried, and you should be. You need to consider a good defense lawyer a cost of doing business in the fake brand name jewelry business and it would be smart of you to get one now so when you get sued, and you will, you have someone ahead of time minimizing the damages and quickly responding. I think you should contact Attorney Michael Doland, as you also have business issues to resolve in order to minimize your liability. I don't know if he accepts counterfeiters as clients. I know I don't and many lawyers won't, also.

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

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