Intellectual Property Law

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Submitted: 8 years ago.Category: Intellectual Property Law
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Answered in 7 hours by:
6/23/2010
IP Lawyer: Win, Patent Prosecutor replied 8 years ago
Win
Win, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 265
Experience: Over 12 years of intellectual property law experience representing individuals and start ups.
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-Could you explain your situation a little more?

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Customer reply replied 8 years ago

Sure.

 

My question is that I purchased lots of replica MAC products in downtown Los Angeles. I got over excited because I thought they were real so I spent over 4K on these products. Since I was on maternity leave I thought this would be a great source of making extra income in the meantime that I returned to work.

 

Of these products I sold some to a lady and let her pay me in payments. She owes me $2,600 and now doesn't want to pay me. When I sold them to her I told them that they were replica items and she was okay with in. In fact she would come every week to pick up more and more products.

 

What can I do? Can I get introuble fo selling these products if I tell people they are replica and they are okay with it?

 

Thank you,

 

Leslie

IP Lawyer: Win, Patent Prosecutor replied 8 years ago

Replicas of MAC products. I assume the products are trademarked and possibly copyrighted. Accordingly, that would be both TM and copyright infringement. Doesn't matter if you told the person they were "replicas." Replicas are of statues or paintings that don't enjoy intellectual property protection because they are old and any rights expired. If MAC found out, they'd probably send you a cease and desist letter asking for all the products you purchased, the source, a promise not to do this again, and a $ penalty. They could also sue you.

 

You could have a breach of contract claim against the buyer but considering the products are illegal copies, I don't see much success in going that route.

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