Home > Research Legal Advice > Intellectual Property > If I alter a replica handbag with bedazzles/studs etc, and sell it to th...
Asked 4 months ago - Atlanta, GA
FlagI am in the business of bedazzling ( adding rhinestones/studs etc.) to existing objects. I have gotten many requests to do this to fake handbags. If I did it, would it be legal since I am altering the bag and putting my own design over the fake?
I think you risk legal problems if you are knowingly aiding and abetting a counterfeiter to market their fake product by altering the product to conceal it is fake. You should consult an experienced intellectual property attorney to understand your risks and for specific advice before you agree to work with this fake prodcut seller.
Hi,
I agree with my colleagues here. Getting involved with counterfeit merchandise on any level is flatly foolish.
While at first blush what you described sounds illegal, it may be possible that there are some aspects here not understood that may offer some safe direction to go but that will need to be explored with a qualified lawyer. I advise you to discuss this with ont in more detail.
I will link you to some general helpful info below and you are welcome to contact me for further clarificaiton.
Best regards,
Frank
Natoli-Lapin, LLC
(see Disclaimer)
A counterfeit product is a counterfeit product is a counterfeit product. There's nothing you can do to a counterfeit product to make it a genuine product. Even if you change the counterfeit product into a different product -- which, in this case, you haven't, you've only glitzed up the counterfeit. You cannot lawfully "bedazzle" and then sell a counterfeit product. Advertising that it's a counterfeit not only does not help you, doing so is an admission that would be used against you in court to prove that you KNEW you were selling counterfeit products. Don't even think about this business plan.
If the "replica" is counterfeit---which I suspect, then you cannot avoid being accused of trafficking in counterfeit goods merely by adding ornamental additions to it. The government is increasingly viewing such activity as a criminal offense---this is asking for trouble. Prosecutors do not hesitate to seek felony charges for people who decide to play ball in this space.
No. You cannot legitimize a fake by adding spangle. A spangled fake is, well.....a fake. Read 18 USC 2319(b) and see that this could land you in jail for 1-10 years, read 17 USC 501-506 and you will see that this is in addition to potential injunction, plus impoundment and confiscaton of your spangled fake product, plus damages, plus attorney fees of both sides. Which combination of those the judge thinks appropriate depends on how blatant your are and whether the US Attorney decides to send you to prison for it. While at it, perhaps you could also bedazzle bags of cocaine, terrorist bombs or IEDs. Surely you can't be serious, can you?
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