Getting Caught Let's go back to our opening questions. There are three big problems: 1 If the trademark owner chases you, you can quickly lose all of your business investments and assets all your fake Gucci bags and much more you may be pursued for your personal property and home.
How Do You Get Caught? Proving the Case Proving trademark infringement is easier when dealing with counterfeits because there is usually no need to conduct a factor-by-factor analysis of likelihood of confusion. Punishment The remedies for trademark counterfeiting under the Lanham Act are much harsher than for traditional trademark infringement.
If You Get a Cease-and-Desist Letter If you get a cease-and-desist letter, the following scenarios are possible: You keep selling the knockoffs; the lawyer files a lawsuit, gets a default judgment, and enforces it against you personally assuming you're not an LLC or incorporated or against your business. You stop selling the knockoffs; the lawyer drops the whole thing.
You stop selling; the lawyer sends a second letter, gets no response, files a lawsuit, and gets a default judgment. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case.
Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records. Should I just plead guilty and avoid a trial? Counterfeiters benefit perhaps even more from the new tech improvements than the original brands themselves. Ecommerce platforms now prove to be a riskier choice for counterfeiters, as better measures have been put in place to tackle counterfeiters. Most social media platforms have not yet been able to crack down on counterfeiting effectively.
The advantages which favor counterfeiters are clear: 3D printing which is making counterfeits almost unrecognizable, apps with end-to-end-encryption, direct contact with end customers and simple, protected transactions. As the global online community grows alongside the soar in tech solutions for brands to sell their goods effectively, counterfeiting products can only grow in strength if it is not effectively addressed by brands. Cybercrime can take many forms but they all have the digital environment in common.
Telegram was the app set to become a household name when it launched in ,…. For a brand, a logo can carry intangible value. It communicates what your brand stands…. Something went wrong. Thanks for subscribing! Join our weekly newsletter for new content updates, how-to's, exclusive online event invites and much more. Please check your email and submit the form again.
My market I'm looking to somehow reach is the market I find to be quite funny, I call it the eBay buyer mentality market. It just so happens there isn't going to be a crazy deal on a really nice product just because its on eBay! Everyone thinks that.. So where we come in, we say hey, we understand what you want and no the real price is ridiculous.. Now yes.. Whats worked in the past and is working now quite well, is for me to have, so to speak, a 'salesmen' in different states spreading the word and then placing orders to me.
I would also like to tap into high schools, not sure how to reach either efficiently. Any other insights would be much appreciated! Thats why I'm making this thread.. OK, Would be a seriously big market for it, but doing something on that scale with illegal products is inviting serious trouble, I just can't see anyway around that. Would be a good business model to fine tune around designer inspired products I would suggest. Of course you aren't going to have the brand names, but I think these type of products would still play very well with markets you've suggested, and save you all the legal drama.
Definitely an interesting idea! I see where you're coming from. The name brands are what people want though. Very true, but you may well be surprised if you do a little focus marketing with the results, given you compare the two models in the marketing.
Would be good solid feedback for you at the very least. Posts: 3 Joined: 02 Jul 06 Karma:. You just can't stay in the same place for long selling bootlegs. Posts: 35 Joined: 14 Sep 06 Karma:. Selling counterfeit products means financing organised crime This has been demonstrated: counterfeit goods are sold through the same channels and by the same criminals; counterfeiting often relies on the same infrastructures and transport networks as other illegal activities, such as drug and weapons trafficking, contraband, prostitution, etc.
Selling counterfeit products means supporting clandestine and child labour The people who are exploited in the manufacture of counterfeit goods, including large numbers of children, work under very difficult conditions, are paid derisory wages, and clearly do not benefit from any legal, social or medical safeguards.
Selling counterfeit products means putting the health and safety of consumers at risk The risk is very real when you consider counterfeit products in the context of medicines, cosmetics and foodstuffs, toys, spare parts for cars or planes.
Selling counterfeit products means destroying jobs and stifling growth This form of crime contributes to the loss each year of more than , jobs worldwide, , in Europe alone. Selling counterfeit products means exposing yourself to the risk of criminal sanctions Most countries consider the simple possession of a counterfeit article to be a criminal offence. Stop Piracy Swiss association against counterfeiting and piracy.
Swiss made Legal aspects Project to strengthen the label Swissness Certification marks Sign of identification of the producer. Stop the fakes! Statistics Monthly exports Publication schedule.
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