Is it illegal to buy counterfeit goods for personal use?

Is it illegal to buy counterfeit goods for personal use?

Is it Illegal to Buy Counterfeit Goods? The U.S. Department of Justice, however, has stated that federal law doesn’t prohibit an individual from buying a counterfeit product for personal use, even if they do so knowingly.

What happens if you get caught selling counterfeit goods?

So a wholesaler-distributor who knowingly sells counterfeit products has a lot to lose under the Federal law: Imprisonment – Up to 10 years for the first offense and up to 20 years for a repeat offender. An offender who knowingly or recklessly causes death as a result of an unlawful sale faces up to life in prison.

What is the law on counterfeit goods?

Penal Code 350 PC is the California statute that makes it a crime to manufacture, sell, or possess for sale, any counterfeit trademarks. The offense is generally a misdemeanor, but can be charged as a felony if the number of counterfeit goods exceeds 1,000 units or the value of the goods exceeds $950.

Can you enforce an unregistered trademark?

You can claim trademark rights in your unregistered trademark as long as it is distinctive and identifies or distinguishes your products or services. A trade name for your business is not the same as an unregistered trademark and is not given the same protections under federal trademark law.

Who is responsible for the counterfeiting of a trademark?

A third-party that is accused of trademark counterfeiting may attempt to argue that the counterfeit goods are gray market or overrun goods. An overrun good is produced by a company or individual authorized to produce or manufacture goods with the trademark.

Can a third party manufacture a counterfeit Mark?

According to the Lanham Act, the third-party does not need to produce or manufacture the counterfeit mark to actually be engaged in counterfeiting. The Act denies a third-party the use of a trademark or service mark for distribution or sale of goods or services.

Is it an offence to sell a counterfeit product?

Breaking counterfeit laws is a serious offence, and criminals who do so can face heavy fines or imprisonment. What are Counterfeit Goods? Counterfeit goods are products which are a copy of something else but sold as the genuine product, without permission from the brand owner.

Why are counterfeiting laws taken so seriously?

With developed manufacturing techniques, counterfeiters are able to make large volumes of relatively accurate copies for relatively little expense. Counterfeit laws are to be taken seriously because counterfeit goods are criminal, unethical and potentially harmful.

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