Quote:
Originally Posted by Eric Coffey
So, as long as I "disclose" that I am infringing on someone else's work/IP/trademark and/or illegally selling counterfeit goods (which, cumulatively contributes to terrorism/organized crime), all is well?
Then you associate with some poser/wannabe folks, IMO.
If I want to "rock" the real thing I will. If not, I won't. The thought of substituting it at any point with counterfeit junk would never even enter my mind. YMMV I suppose...  |
Legality of the item is a grey area.
There are outright counterfeits, these are items visually identical to the original. Not legal.
Then there are knock offs, similar to, but not identical to the original and do not carry the authentic items branding. Those are generally legal.
Then there are replicas, similar to a knockoff where it's not identical to the original but closer than a knockoff generally because they use the originals branding. Also mostly legal as in dealing in them is but civil action over trademark infringement is possible.
Most of the distinction between legal or not is in how likely is the consumer to be deceived that they are not getting the real thing or is there clear deception occurring.
A counterfeit Monaco selling for $3,500 when the real deal runs $4,000 is clear deception.
A knockoff Monaco selling for $300 would never be confused with the real thing. Even if the consumer does not know enough to visually distinguish between the two the price differential is a clear indicator they are not getting the authentic item.
OP clearly has a replica, it's similar in appearance but has several obvious visual differences but it does appear to use Tag branding which makes it legal to sell even though it infringes on Tags brand IP.
It's up to Tag to decide what to do about it. Most manufacturers are more concerned with counterfeits. If someone buys a counterfeit at close to the price of the original that represents a lost sale.
The individual who buys a knockoff or replica for $300 is not a customer at $4,000. There is no lost sale.