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◈ The federal criminal laws that prohibit any person from trafficking in counterfeit goods and services apply not only to the counterfeiter—the law applies with equal force to any individual or company that knowingly sells a counterfeit product. (18 U.S.C. 2320). This law, known as the Trademark Counterfeiting Act of 1984, carries substantial monetary fines (up to $5 million) and prison time (up to 20 years imprisonment or in some cases life) for individuals and companies who violate the Act.
The Act makes it illegal for any person to intentionally traffic, or attempt to traffic, in goods or services and knowingly use a counterfeit trademark on or in connection (such as product labeling and packaging) with those goods or services. The term “traffic” is broadly defined to include the sale of a product that bears a counterfeit trademark. Traffic also means transporting, transferring or otherwise disposing of a product for money or anything of value.
A counterfeit trademark means a spurious mark or designation (e.g., packaging, labeling) that is identical with, or substantially indistinguishable from, a trademark which is registered in the U.S. Patent and Trademark Office, and is used on goods without the consent of the trademark owner. A counterfeit certification mark is considered a counterfeit trademark. Criminal liability requires that the seller had actual knowledge, or constructive knowledge (reasonably should have known under the circumstances), that the product or its labeling or packaging contained a counterfeit trademark.
◈ Just want to touch on a few things regarding Coach purses...
1. The serial number debate.
Serial numbers don't mean a thing. In the folder below you will find pictures that prove it. I purchased a Coach purse from the Coach store. In my pictures, you can see pics of the purse with tags, my receipt with my name on it, and *no* serial number
Do I think the Coach store sold me a counterfeit? Absolutely not.
In that folder is also a screen shot from the Coach website saying serial numbers mean nothing. Purses are not registered. If a member posts a purse but can't provide a serial number, it *could* be a real purse.
2. It's been said the C's will not be cut off at the seams.
Again, not true. Proof of that is in the same folder. Actually, the Coach website is full of purses and wallets with C's cut off at the seams.
Don't believe everything you read on the Internet. Anyone can call themselves a "purse expert" make a site and tell you how to spot a fake... doesn't mean they know what they're talking about
How can you guarantee it's authentic? Buy from Coach or one of their distributors. Buying second hand is always a gamble.
◈ Difference Between Counterfeit and Knockoff:
A Coach purse that wasn't manufactured by Coach is counterfeit if it has the logo and/or appears to be from that manufacturer.
A 'No Boundaries' purse that is a "knock off" of a Coach design is okay. It's branded as that manufacturer, not Coach. It doesn't appear to be by Coach, just a similar design by a different manufacturer.
A design can be 'inspired by' and not be a counterfeit.
It can be a really gray area.
But if it has an identifiable logo (for example: the Chanel C, The Coach C, the Michael Kors MK, the Louis Vuitton LV logo), and is not authentic, it is counterfeit and (if stated) will need to be removed.
Updated: November 20, 2015
Tags: mustread, rules, counterfeit, fake, replica, not allowed
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