3 ms·
> Making and selling “Fake” handbags which you make really clear are fakes can result in prison. The concern are twofold, someone buying it may try and resell t
by kbenson 3y ago
> Making and selling “Fake” handbags which you make really clear are fakes can result in prison. The concern are twofold, someone buying it may try and resell the items as “real” or someone seeing a poor copy with another brands trademark on it can dilute the brand.
I'm pretty sure the issue there is whether the item itself advertises that it is something it's not, even if you're clear it's not a legitimate copy, and also whether you are doing it in furtherance of a crime.
Making knock off Gucci bags and selling them as fakes when you're sure they're being bought by middlemen to sell as authentic (at least when your main purpose is to sell to this market and they can "prove" it), could possibly make you complicit (depending on what they can show in court). In that specific case, even leaving off any branding (to make it easier for someone to add fake branding later) could possibly be found complicit, if they could prove that it was for the purpose of furthering the crime (as I understand it).
I'm not going to act like companies and prosecute rs don't overstep their bounds/rights/authority, but I think it's pretty clear why some of these cases and laws exist (even if we might think they aren't quite the right response to the problem in some cases).