4 {{ upvoteCount | shortNum }}
4 {{ upvoteCount | shortNum }}

Selling knock-offs (NOT counterfeits) online at risk for lawsuit?

by BetThisOnesFree
3 replies
Hello all, I was wondering if I would be in danger of being sued by selling knock off products online. Knock off products are products that look SIMILAR to another brand's products, but are different from counterfeit products, which attempt to COMPLETELY copy the image of another brand's product. It should also be noted that if I choose to sell these knock offs online, I will not be labeling them the same name as the brand I am copying, I would give them a different name, a knock off name, if you will. It would be like selling knock off Pokemon plushies for example, made by independent vendors in China, not Nintendo, and instead of calling them "Pokemon Plushies", I would call them something like "Catch'em All Plushies". Ive seen a lot of online stores do this and not get caught, but Im not sure if that's because the big-name companies haven't caught them yet, don't care, or if they aren't even breaking the law by calling them something different. So, do you guys think its ok to sell knock offs if I name them something different than the original branding? Thanks very much.
#counterfeits #knockoffs #lawsuit #online #risk #selling
  • Profile picture of the author BrownBeard
    Originally Posted by BetThisOnesFree View Post

    Hello all, I was wondering if I would be in danger of being sued by selling knock off products online. Knock off products are products that look SIMILAR to another brand's products, but are different from counterfeit products, which attempt to COMPLETELY copy the image of another brand's product. It should also be noted that if I choose to sell these knock offs online, I will not be labeling them the same name as the brand I am copying, I would give them a different name, a knock off name, if you will. It would be like selling knock off Pokemon plushies for example, made by independent vendors in China, not Nintendo, and instead of calling them "Pokemon Plushies", I would call them something like "Catch'em All Plushies". Ive seen a lot of online stores do this and not get caught, but Im not sure if that's because the big-name companies haven't caught them yet, don't care, or if they aren't even breaking the law by calling them something different. So, do you guys think its ok to sell knock offs if I name them something different than the original branding? Thanks very much.
    You're playing with fire. If there's a reproduced trademark or something that could be interpreted as a reproduced trademark, you could end up in prison over this.

    Just because other people are doing it doesn't mean it's a good idea.

    The stores you're seeing are probably operated by criminals.
    Signature

    I be a t' pirate captain Brown Beard

    {{ DiscussionBoard.errors[10646569].message }}
  • Profile picture of the author JohnMcCabe
    Selling products similar to "name" products the way you describe is common practice as long as you are careful not to violate a trademark or confuse the buyer. It's very common among fashion lines, cosmetics, women's accessories, toys, electronics and more.

    You just have to be very, very careful to dot your i's and cross your t's to stay legal.

    That said, there's nothing to stop someone from filing a suit in the hope that you'll fold rather than spend the time, effort and cash to defend the suit.
    {{ DiscussionBoard.errors[10646573].message }}
  • Profile picture of the author Importexport
    One thing often overlooked is that unbranded copies of big brand goods can also land you in big trouble. Designs are copyrighted, so if it looks even almost identical to the real thing it is illegal to buy or sell it. If the knockoffs copy patented aspects of the genuine product you also have a big problem.

    You are taking a huge risk -Confiscation and destruction by Customs - fines - in serious or repeat cases sometimes imprisonment - flagging of your name and address by Customs resulting in delays on every shipment you ever receive - and if Customs don't get you, the brand owner could sue you into bankruptcy.

    It's true that some vendors get away with breaking the law, at least for a while, but why play Russian roulette with your money and your business?

    You might be interested in the detailed post I made on the subject of importing big brands. Is There A Legal Way To Import Big Brands

    Please note that I am not providing legal advice.
    Walter Hay.
    "If you think education is expensive - consider the cost of ignorance."
    Signature
    Use emotions and perceptions to build a great brand. Ask me about my book LabelsThatExploit. For safe sourcing and easy importing from 41 countries globally, see https://provenglobalsourcing.com
    {{ DiscussionBoard.errors[10646702].message }}

Trending Topics