Hi, I saw lots of people selling designer inspired bags, jewelry... online, such as "designer inspired tiffiny jewelry" or " LV bags-designer inspired"....is that legal? If not, what is the punishment? thanks.
There is a big difference between designer inspired and exact designer copy. It's very hard to trademark a jewelry design (there are exceptions i.e. David Yurman cable) so manufacturers generally go after designs which include trademark logos or names (item is marked "Tiffany" or "Rolex"). The exact copies that you can buy from China can get you in a lot of trouble if they are sold in the US (or even imported). Rolex is very aggressive in suing people who sell exact copies. You will generally not have problems if you stay away from selling items showing trademark names or logos provided you clearly state they are "inspired" and not originals. You are also less apt to have problems buying from a manufacturer or importer that is located in the US as they usually make subtle changes to the design and are produced with non-precious stones / metal. Selling sterling silver knockoffs of Paloma Picasso designs that come in a blue box marked Tiffany is a sure way to get in a lot of legal trouble.