Counterfeit Products Law
With so many online stores and street- side vendors, it is easy to mistake a counterfeit product for the real thing. Many people find themselves in a mess after buying or selling what they thought was an authentic item. There are often questions that need answers, and not everyone can afford to wait for a lawyer’s office to open or wait for an appointment with an attorney. Consulting a lawyer to get answers to questions can also be an expensive proposition. When you need answers and need them now. Lawyers on JustAnswer can answer your questions quickly and affordably. Take a look at the top 5 questions about counterfeit products.
Can a store owner sell counterfeit products in their store?
Selling counterfeit product is against the law in the U.S. People who conduct such practices are subject to arrest and the seizure of any counterfeit items in their possession. Many people do not realize the potential trouble that may arise when dealing with counterfeit products.
What should a person do if they realize that they have purchased a counterfeit product?
Counterfeit items can be hard to distinguish from the real product. When a person realizes that they have a counterfeit product, they should always check the purchase receipt. If the person has a receipt stating the purchase was for an authentic branded product, it may be possible to prove that the counterfeit sale had been made. Contacting local law enforcement officials and explaining the situation would be the next step. Criminal law Experts on JustAnswer offer insight on how to handle situations regarding counterfeit product purchases.
If a person sells counterfeit products on an online site, can the copyright holder of the authentic product, request personal information from the online site?
If the online site has been notified that counterfeit products have been sold on the site, the copyright holder can request or force the site to release any personal information related to the counterfeit activity. The online site could ban the seller from selling the counterfeit items. It is against the law for anyone to sell counterfeit products. Local laws of the state where the sale took place can determine the extent of criminal charges and penalties that someone may face.
What can a person do if they buy a product from an online store and resell the product only to find that they are being sued for selling counterfeit products?
Everyone has a right to sell their own property; however there are times when people run into trouble when they find out that they have unknowingly sold counterfeit products. The first step would be to write a letter to the company that holds the copyright stating that you were unaware that the item sold was a counterfeit. Explain where the product was originally purchased with details of the original purchase. Your specific situation and the outcome of the correspondence with the copyright holder will determine the best course of action you should take. If you are not sure of the direction you should go, you could ask a Lawyer on JustAnswer for a knowledgeable answer.
What should a person do if they receive notice from a company seeking money for copyright infringement?
The first step would be to collect all receipts of the original purchase of the product in question. This would include credit card receipts, store receipts, and all information pertaining to the place of purchase, along with the store name, phone number, physical address, and the name of the website if applicable. The person should then contact the Attorney General’s office in their state and report the store that sold the counterfeit product to the Better Business Bureau. The person should keep a record of both reports for personal record.
They should send the company that holds the copyright a certified letter with all of the receipts and records. The letter should explain that the person did not know they had purchased counterfeit items. It should further state that they have reported the incident to the Attorney General’s office and to the Better Business Bureau. Many times this alone may not rectify the situation and more questions may arise.
When people find themselves in a tricky situation and need fast and accurate information, they ask the Experts on JustAnswer. Experts are standing by to answer the tough questions that so often arise. Before you ask a friend or pay out- of- pocket expenses for an attorney to find out how to handle a legal situation, you can bring your questions to the Lawyers on JustAnswer for a fast and knowledgeable answer.