How illegal is selling replica clothing

Hi just a question , bought a tracksuit of alli express it sells goods from China , it says Adidas on it ,but it's not a proper one ,more of a lounge suit with just the name on it , sold it on eBay ,as a lounge suit didn't put it was Adidas put it on for 99pence ,lady bid £16 for it so I sent it she says it's horrid ,not genuine Adidas and has took it to the police , how pathetic she wants a full refund and tells me to ring police station if I want it back , any help to solve this please

 

You obviously didn't bother reading much if any of this thread, where you would have found plenty of warnings.

I have written a full article on this subject, and you can find it here:
Ask Me Anything About Product Sourcing and Importing

Walter Hay

 

When I hear "replica" clothing, I think of a few possible things.
1. "Inspired by" clothing - In other words the clothes are very similar. That happens all the time and is really how trends happen
2. Knock-off like the "fake rolex" - These can be problems. Does it happen all the time? Sure. But, there are various law enforcement agencies that watch for these and can and do pursue. If falls under "infringement",
3. Copying trademarks, logos, etc. Put another company's trademark on your products when that trademark owner hasn't authorized you to do so. Yeah. You will likely get sued by the owner. You may also have talks with law enforcement.

How do I know this? I've worked for brand owners that have sued and I've written manuals to train law enforcement on understanding the trademark. In the latter case, I also helped those agencies determine if the other company had the right to use the protected brand.

I hope that helps someone. I know this is an older post, but it seemed a good place to put some information out there to clarify what is OK and where the problems can fall.

Thanks,
Linnea

 

There is a lot of misunderstanding about what constitutes a fake, or what changes you can make to patents, designs, trademarks etc., and not get caught.

Courts have consistently found that small changes are not sufficient to avoid prosecution or being sued by the owner of the Intellectual Property (IP). If there is clearly an intention to deceive, or to benefit from someone else's IP rights, the courts will find against the one who is infringing those rights.

It is far better and safer to operate a genuine and honest business. This can be done with quite a small amount of capital, by buying direct from manufacturers overseas. (China and other countries.) See my AMA thread linked 2 posts above, for ideas on how it can be done.

Walter Hay

 

Yes, they can sue you and indeed it is very likely that they *will* sue you if you sell knock-offs of their products in any significant quantities. Name brand clothing companies take trademark infringement cases very seriously.

 

It is illegal in most countries around the world however you can find hundreds of sites that sell replica stuff and counterfeit, not giving any advice but if you look around these sites, you will find a way to run your shop.

 

There are in fact at least 3,000 websites selling counterfeits, but the majority of them are scammers and unsuspecting buyers lured by the promise of prices that are too good to be true will lose their money.

Those thinking of setting up an illegal business and buying from dishonest suppliers deserve what they get. There are honest ways to run a highly profitable online business with little money to start with, so why take the risk?

Walter Hay
Provenchinasourcing

 

definitly, just answering OP question that's all

 

I just think it would be so much more rewarding if you want to sell clothes to just private label your own. Get a logo design created by an online designer if you like (fiverr maybe). Find a good manufacturer to source your goods (china,india possibly) and have them attach your very own logo/design to your clothes. This way you have something to be proud of and you don't have to worry about getting sued or going to jail!

 

The only problem with that is that to have your own designs made you will need to place larger orders. If selling generic designs you can buy quite small quantities and add your own label. Just beware that the manufacturer hasn't copied a well known designer's ideas.

Many manufacturers will attach your own label, but unless it is simply a printed label the label order quantities will be big. You might have to order 5,000 and only use 100 each time you order. This because woven labels require a jacquard (about $300) to be produced and paid for, and the set up time to run off 100 is the same as it would be to produce 5,000. It is usually feasible to buy locally produced printed labels and pay a seamstress to attach them for you.

Walter Hay
Provenchinasourcing

 

Look into licensing the clothing rights. It might be cheaper than you think and a heck of a lot safer for you legally.

 

That's a good suggestion. The only thing I would add is that you would have to go direct to the brand owner, and they are very difficult to get to agree to a license unless you can prove that you have the ability to handle their product in the way they expect.

Walter Hay
Provenchinasourcing

 

There's zero chance of obtaining licensing for "big brands" if you're a low volume seller. Do you think they want to associate with everyone and anyone? Of course not.

The only way you can sell branded items is through affiliate marketing.

 

Not always true dcristo. I didn't see where the original poster mentioned their sales volume. Or if they had established traffic they would be working off of.

 

Pretty sure we can assume the OP is a low volume seller.

 

Read eBay's terms? You shouldn't be selling fake merchandise.

 

Actually, volume doesn't matter, a couple of friends own small shops and still have brands contracts usch as Adidas

 

And I can guarantee you it's fake merchandise.

 

No it's not, they have official shops (offline and online) and I live in a country where selling illegal stuff can cause you a lot of troubles. They also sell Freeman Porter and many other brands and they are not dearer than bigger boys out there. However they do not sell the whole line of these brands just dedicated products base on their shop "subject"