Trademark Legal Question (re Replicas)?
Hi
I have noticed a lot of people selling replica electronics. I have a question about what's legal and what's not.
First off, it is obviously legal to sell products with similar functionality to existing products, and I understand that it's also legal to sell products that look similar (or identical) to other products, provided they don't contain the brand of another company.
My question is, while you can't use the brand on replica products, are you allowed to honestly advertise that it is a replica of something (e.g. "For sale, ipod replica")?
Answers:
It is not legal to sell a product that "looks similar" to another product if there is a design patent or trade dress protection in place for the distinctive appearance of the original.
You will certainly be sued for advertising a "replica" of just about anything valuable. In Japan, for example, you cannot even advertise your product as being a "replacement" for a name brand (e.g., an industrial substitute), as it is unfair competition.
Yes, you are. As long as it's obvious that the product is not of that brand, it's perfectly legal.
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