Can you sell replicas online

They will file a report immediately to the platform you host your e-market and also if you allow payments via PayPal, they will report to PayPal.

PayPal will freeze your account and after investigations, the money is refunded to the buyer. Sites like eBay allow sellers to choose to track their items. The disadvantage of tracking an item is that you will pay for the tracking ID, which puts the cost on you or the buyer.

If you sell replicas without tracking ID, it saves more cost, but you will have problems with the buyers if the delivery takes too long. Note that you also do not have any power over untracked items, especially if the shipping is not an express or a priority shipping. Also, you can create a fake tracking number and send it to buyers to give them hope that you are tracking the item if you lied to them that you obtained a tracking ID. Tell the buyer to exercise patience and that every cost is on you.

The buyer will feel uncomfortable since they sent you a check or money order for the transaction. Of course, it is your responsibility to calm the buyer with hopeful words and secure more time for yourself. If you sell knock offs, fakes, replicas, or counterfeits, it is against the federal copyright law. AliExpress is one of the sites where you can sell fakes online and get away it. The site uses strict policies against replica items, but you can list counterfeits, sell and become a top seller.

Most top sellers that sell on AliExpress started by selling fakes and originals. Some sell products manufactured in their name and AliExpress does not take down their listings. If you are good at editing and describing tour listings, then you can be assured that eBay is a good place to sell your replicas online. However, eBay does not officially accept the sale of fake items on their platform, even if you specify that the item is a fake. Nonetheless, several top sellers deal on fakes and get away with selling to multiple buyers on eBay.

To sell fakes on eBay and get away with it, you have to make your description as natural as possible. If you create an account that eBay keeps taking down your listings, then the account has been flagged and you need a new account to continue. You can sell fakes on Amazon without getting caught. Besides, it is common for people to sell even illegal items on Amazon and not get caught. Amazon accepts checks and money orders but they do not accept payments via gift cards.

If Amazon allows gift card payments, it would make selling fakes or counterfeits even easier. To sell replicas on Amazon, list the items, and add your payment method. First, be sure that you can create a seller account from your region because Amazon does not support all locations yet. Both Instagram and Facebook are collectively owned by one company and they are both great for selling fakes. On Facebook, you can create a page to serve as your e-market. Upload your replicas and attach mouth-watering prices.

Also, Facebook gives you complete control over the transaction, and you decide how you want to receive payments. If you are not comfortable selling replicas online, you can establish an offline store.

However, the store must be mobile so that buyers do not return to request a refund after finding out that you deal with fakes. You can avoid a bad reputation by switching accounts. So, you must have a target for each account and you will close the account once you reach the target. Like I mentioned earlier, selling fakes is illegal and against federal copyright laws worldwide. Proof of actual production or sale of the jeans wasn't necessary to prove counterfeiting. Similarly, an Internet Service Provider ISP that hosted several websites selling fake Louis Vuitton merchandise could be liable for contributory infringement.

The district court likened the ISP in this case to a proprietor of the flea market found liable for contributory infringement. Louis Vuitton Malletier v. Akanoc Solutions , F. If you continue to sell without either fighting the letter or otherwise responding, the lawyer will most likely pursue you. Converting your business to an LLC or corporation can establish limited liability and will shield you from personal liability in some instances, meaning that the lawyers can only go after your business assets.

But your liability is likely to be tied to your status at the time of the infringement. So, if you were a sole proprietor when you got a cease-and-desist letter, then you're probably going to be treated that way personally liable in court, even if you later convert to an LLC or a corporation.

If you get a cease-and-desist letter, you need to determine whether the lawyers are right—that is, whether whatever you sell infringes. If yes, you should abandon the infringing items. If you're not infringing, you should consider whether you want to fight or move on. If you fight, you may be able to have some luck fighting takedown notices, but keep in mind that if you're dragged into court, you'll be hit hard in your bankroll, and the only guaranteed winners will be the lawyers.

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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Counterfeiting is the act of making or selling lookalike goods or services bearing fake trademarks. What Is Counterfeiting? Are All Knockoffs Counterfeits? How Bad Is the Counterfeiting Problem? 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. Showing results for. Show only Search instead for. Did you mean:. Can I sell replica items if I state that the item is a replica or fake? Go to solution.

When I purchased a knock off Louis Vuitton at an estate sale, I was told it was authentic. I took their word for it and listed the purse. Ebay removed the listing because it was not authentic. I've learned my lesson on listing items before I get all the accurate information. However, it is still a great bag. My question is can I sell replica, fake, knock off items as long as my listings clearly state that the item is not authentic? Comments 0. Accepted Solutions 1.

The correct course of action would be to destroy the bag and throw it in the trash. Comments 2. Yea rite throw it in the trash. That's what it is. A piece of trash. Answers Yes you can as long as you say that it is not authentic! It's illegal for you to possess that counterfeit, let alone try to sell it. I have no idea if it's fake or not - I got mine from a thrift store.

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