Wholesale & eBay Forum General Selling Advice & Tips Selling replica products - is it legal or illegal?

Selling replica products - is it legal or illegal?


jucebumps
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10 Jun 09 10:01:48 pm
Hi Guys,

I am new to SaleHoo and would just like to know if selling replica branded products is legal or illegal. I have heard several conflicting stories and before I go any further would just like to know if I will get myself into strife. I am in Australia. Thanks for your help!


fudjj
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10 Jun 09 10:21:29 pm
Not sure what you mean by replica branded products, and this is where you may be getting conflicting stories.

Selling designer inspired products, with generic branding is usually ok, just so long as they do not in any way breach copyright.

Selling replica products that are branded with the copyright holders brand is not permitted, so if you have a pair of replica shoes made in China, but branded as Nike...that is a no go!.


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jucebumps
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11 Jun 09 02:04:00 pm
Hi fudjj thanks for the reply. I have been looking at Louis Vuitton products from China and they are very reasonable in price, obviously they are fakes but I am suspicious about whether or not we can sell them. Some people have told me you can resell them in stores etc but I wanted to know for sure. How do they get away with selling these products?
Thanks again


jucebumps
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11 Jun 09 02:04:42 pm
Hi fudjj thanks for the reply. I have been looking at Louis Vuitton products from China and they are very reasonable in price, obviously they are fakes but I am suspicious about whether or not we can sell them. Some people have told me you can resell them in stores etc but I wanted to know for sure. How do they get away with selling these products?
Thanks again


fudjj
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11 Jun 09 08:07:25 pm
Firstly, you're absolutely correct about you assumption of this product from China being fake.

People do take the risk, no doubt about that. You will find these products scattered throughout markets and other venues. You won't get away with listing them on ebay any more, they will pull your listing.

The answer to how people are getting away with it is that they are living on borrowed time.

I have a good friend that has been selling fake phones for two years now. When he first started I told him he was crazy, that it wasn't worth the risk. Here we are nearly two years later, he is still going strong...and making a killing!

We both know that it's only a matter of time till customs gets him, but he considers the risk well worth it. Unfortunately for him, he has been going fro so long now that when they do catch him, it won't be a slap on the wrist, they will make an example out of him for sure and then he might realize it wasn't worth it.

Plenty do it, but anyone that tells you that it is legal is either ignorant of the law, or just kidding themselves. Piracy in this country is a big trade, just as the US, but every time another load is imported, the person comes one step closer to getting caught.

What is also happening, especially here, is that effected brand owners are also taking their own legal action against those that are caught. I know that some big local surf brand companies, including billabong, have a policy now of legal action against any one caught by customs.

Piracy is hurting their brands so much that they have no other choice, other than to make examples of people who they can catch, and the law gives them plenty of options to do it!

If I were you I would call customs, just ask what the penalties are for importing and selling fakes, not sure myself any more, but I'm willing to bet that it's scary, and that's just what customs can do to you, not considering what the brand owner can do on top : )


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bevsey123
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11 Jun 09 11:38:16 pm
Seriously Fudjj, I need a bigger screen for all your comments, it took me half an hour to scroll down :)

Bottom line is, don't sell fakes, penalty or no penalty you will get whacked for it at some point.

For now I would forget brands all together, do something different.

When I was browsing AliBaba a few days ago, you could buy a 2 man tent for $4, probably be able to bring out your own brand for less than $7. Nice 300% mark up on those...

Stay away from Branded goods and you will be a lot richer.


jucebumps
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12 Jun 09 01:10:36 pm
Thanks guys so much for your advice which I will be seriously taking. I am in no position to be taking any risks besides the fact that it is totally unethical ( I left my last job for the lack of ethics!). I am looking at other avenues now and I am sure I will be able to come up with something.
I am so glad I joined Salehoo I have learned heaps from these forums and I have only been here a week! Thanks again for your help!


fudjj
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12 Jun 09 08:12:17 pm
Glad to be of service : )


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