It is not legal to sell fake designer bags in the United States. According to the federal trademark law, which is also known as the Lanham Act, it is against the law for anybody to sell counterfeited products that have trademarks on them.
In my earlier post where I talked about if buying replica handbags were illegal, I explained the difference between counterfeit handbags and replica handbags.
It’s very likely that as a buyer, all you’d need to be worried about is not getting scammed of your hard-earned cash for a Chanel Classic Flap Bag replica and ethical issues that surround counterfeit bag makers.
It might not be illegal for you as a buyer but what about when you’re a seller who wholesale replica designer handbags? That’s a different ball game.
In the United States of America, manufacturing or selling cheap replica handbags are illegal and come with penalties. In France, even owning one is enough to land you a heavy fine.
So, in the end, the legality of selling replica handbags depends on the states or countries you reside.
However, I’d do my best to drop all you need to know about selling replica handbags in the United States in this article.
Selling Counterfeit Handbags vs. Replica Handbags.
The copyright law of the United States doesn’t protect the original designs of a handbag. This means that copying a handbag’s entire design isn’t illegal. Designers are still pushing for this to be adjusted but till then, it’s not against the law to copy a bag’s design.
So, if you’re selling a bag that’s shaped like the famous Chanel handbag minus Chanel’s trademark logo, it’s not an illegal counterfeit but a clever replica.
But if you’re selling handbags with the original brand’s logo or monograms for a lower price then you’re likely going to be in trouble with the law sooner or later. All logos must be original and if not, you’ve violated the law by selling counterfeits.
To protect the interests of the designer brands, U.S.A has the Lanham Act that’s set up against selling fake bags and The Stop Counterfeiting in Manufactured Goods Act set up against counterfeit handbags.
Here’s a brief explanation of these two Acts:
The ‘Stop Counterfeiting in Manufactured Goods’ Act.
In 2006, this law was amended with new updates. So, apart from selling counterfeits, there’s also a prohibition against labeling or packaging that’s done to be confusing or deceptive.
Also, handbags or goods found wanting or tagged as counterfeits are subject to seizure and will be destroyed along with the tools used to make them.
The Lanham Act.
This is the primary federal law protecting trademarks in the U.S.A that fights against infringements on trademarks. It was passed in 1946 and has gone through a lot of amendments since then. Just in case you don’t know, trademarks are marks, phrases or names that authenticate or identify the manufacturer of a product. Every state in the U.S.A has its trademark law as well as other countries.
Criminal Involvement In The Replica Handbags Trade
Most sellers have workers put under inhumane conditions to produce these bags which is also ethically wrong. Also, the money gotten from the products is then used to finance criminal activities while also evading tax.
Finally, getting caught or being sued by designer brands can land you in jail or with heavy fines. As I said, it all depends on the state or country you’re operating.
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