Hello, I recently sold brand inspired purses from my own collection. I made sure I wrote it in a listing that bags are inspired and not authentic items. I also sold it for a price of replica which is 10% of original bags price. Buyer inspected items and paid for them, a couple of days later I received text message from buyer saying she did not know and did not read description. She is now treating me going to police and wants her money back. What should I do?
You're an admitted trademark infringer. You should give all buyers refunds, and stop infringing by selling fakes/counterfeits/replicas/inspired by junk. Apparently so far you haven't been caught by the brand owners; it's just a matter of time if you continue this.
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You give them the money back because under the law you are wrong for selling counterfeit goods and it matters not that you wrote a disclaimer.
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You sold items you knew were counterfeit. That's trademark infringement and can have civil and criminal liability. Returning the money would definitely be the best option and don't sell these things. Don't buy them either.
Please note: This response is solely general information or suggestions about your issue. It is not intended and should not be considered as legal advice, and I am not your attorney. Such professional advice requires creation of an attorney-client relationship and full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances and review any relevant documents against applicable law.
Give the buyer a full refund, and beg for forgiveness! Burn the counterfeit bags! There are severe penalties both civil and crimminal for trafficking counterfeit goods.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
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