I want to start a home party business selling replica merchandise can i get in trouble for this even if i say it is replica. LT

If you mean replica products using someone else's trademark, don't do it, find some other kind of home business. Replicas are counterfeits and they're infringements, and the fact that you want to disclose that they're infringements wouldn't make you less liable for infringment.

This question has been asked and answered before, and you can review them by doing a search for "replica":

http://www.avvo.com/legal-answers/is-it-dangerous-for-a-foreign-individual-offshore--97330.html
http://www.avvo.com/legal-answers/received-cease-desist-order-from-jewelry-designer--95821.html
http://www.avvo.com/legal-answers/is-it-legal-to-sell-a-replica-handbag-that-has-the-87642.html
http://www.avvo.com/legal-answers/i-wanted-to-know-if-it-was-legal-to-sell-replica-d-34970.html

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Let's say -- just for laughs -- that you spend a lot of time, money, and creativity to design, develop, and manufacturer a product. Crossing your fingers, you offer it to the marketplace and .... thank the gods, people buy it.

But then Shady Sam sees you're making money selling your product and he wants to get him some of that. So he asks someone to make him shoddy (or not so shoddy) "replicas" of your product and starts selling them. He spends none of the time, money, and creativity that you had to spend to get your product to market. So now the market is flooded with your good product and Sam's not so good product.

What do you think of Sam? More importantly, why do you want to be Sam?

All products are protected by trademarks, some are protected by patents, and some by trade dress. Without knowing the particular product that you want to "replicate" and sell no one can tell you if it would be lawful to sell the product as a "replica" -- most of the time "replica" meaning "counterfeit."

There ARE times when it's lawful to make and sell products that were originally created by someone else (a lot of furniture, for example, is not protected by patent or trade dress law and there's a very large market for replacement parts for cars and other equipment).

These lawful sales of products bought for their functionality are different in kind, however, from the sales of "replica" products bought because of who originally created the product -- i.e., the latter being a product bought for its status rather than for its inherent function.

In short, making and selling a replacement bumper for an old Chevy is different than making and selling a "replica" Gucci handbag. The former is lawful. For the most part, the latter is not.

As with any new business, you have to do your homework. You need to know your product and you need to know you are dealing with a reputable supplier. If you have doubts or questions, you would be wise to ask direct questions of your supplier and demand to know what rights they have to produce "replicas". If the refuse to answer your questions or their answers do not satisfy you, assume that "replica" means counterfeit and find a legitimate home business. As the saying goes, if it is too good to be true, it probably is!

This post is intended for informational purposes only. It is not intended to provide legal advice and does not replace the services of a business lawyer who can assess your situation and provide a legal solution tailored to your particular circumstances.

can you leave me your email
or send a message to my email easygotrade@yahoo.com.cn
i will give you some information.
thanks

can you leave me your email
or send a message to my email easygotrade@yahoo.com.cn
i will give you some information.
thanks