LoveToKnow Handbags:AllComments

From LoveToKnow Handbags

Comments

Hi Doris,

Sounds like a cute bag. In theory, the manufacturers should have some difference in design or they are infringing on trademark/copyright laws. However, the replicas can still look really cute and be a nice choice for those on a budget.

-- Contributed by: LoriSoard

Yes, some replica designer handbags are totally the same as the original ones. I found a Chanel sequins tote on the Internet. I'm amazed by the photos.

-- Contributed by: voguehit@chanel bags

Hi Chels,

Every country and municipality has it's own laws and regulations. I'm not familiar with Australian laws on this issue, but expect they are probably fairly similar to ours, since our two countries have similar legal systems. The key here is that the purse can be "inspired" but it cannot be identical. You may want to check your local laws and see what is on record there, but as long as you aren't trying to sell a fake handbag that looks just like the original, you are probably okay. Hope that helps.

-- Contributed by: LoriSoard

Hi, Is it Illegal to sell REPLICA DESIGNER HANDBAGS in australia?Do you just have to tell the customers that it is a designer inspired? Thank you

-- Contributed by: ILLEGAL

Hi Debbie,

I know it can be a little confusing whether a purse is a fake that sports trademark infringement or simply similar to a designer bag, but different enough to be legal.

Replicas should be legal, unless it is actually a "fake". Replicas tend to be "inspired" by designers. Whether you will get into "trouble" is debatable. Typically, it is the counterfeiters that law enforcement is interested in and not the consumer. The consumer is usually seen as the victim. Again, if it is a replica site, and they are being clear that the items are not by the designer but inspired by the designer, then you are probably okay.

Just use caution and when in doubt, don't pay out :)

-- Contributed by: LoriSoard

I'm a little confused. I've been to a site that has replica designer purses there. Is it legal to purchase one? It's not like I think it's a "real" gucci for cheap. I know it's a replica and I can't afford the real thing. I don't want to get in trouble. lol.

-- Contributed by: Debbie

Hi Truly Concerned,

I can empathize with your concerns here. I don't think there is a single handbag lover on this site who would condone the use of child labor for anything. That practice is truly appalling.

You make a good point, but it's hard to declare that all of these purses are made by child laborers. There are actually stores specializing in replica bags and many reputable sources that sell these. In fact, I recently saw a purse at Wal-Mart that was a replica of a Dooney and Bourke animal print. Obviously, it was different, but it was obvious from where the inspiration came. Replica's are not the same as knockoffs, which are typically purchased in a much different manner. Bottom line is to do your homework, no matter which bag you choose to purchase.

-- Contributed by: LoriSoard

The reason the designer bags are more expensive is simple--the designers are paying their workers to produce them. The 'replicas' are cheap because they are made by child laborers often times forced (i.e. slaves) into this 'industry' by black market criminals. You can argue the point all day, but the bottom line is: where do these bags come from? If you don't know, you shouldn't buy it. You might be fueling the problem.

-- Contributed by: Truly concerned

Hi KSK,

Your best bet is to ask law enforcement in your area, if you're not sure. However, to exactly copy a designer's logo would be trademark infringement in most cases, assuming they've registered their trademark. I think the confusion is between knock-offs and fakes. Knock-offs are inspired by the designers and look similar, but are a little different. You'll even see these sold in malls at Kiosks. Fakes look exactly like designer handbags and are copies.

-- Contributed by: LoriSoard

Hi. OK I guess I am a little confused. I sell replica bags and by no means say that they are real, but they do have the designers logo on them. Is this illegal even though I state that they are designer replicas? Thank you!!

-- Contributed by: ksk715

Hi Justine,

If they say the designer name and are made to look exactly like the designer's products, that is infringing on the designer's trademark. If I were selling replicas, I would go for the ones that are inspired by to protect myself. I know there are many out there who do sell the fakes, but you really are taking a risk.

-- Contributed by: LoriSoard

So you can sell the replica even if they say Prada or Louis Vuitton on the handbag or have a emblem that says Prada as long as you make it clear they are replica handbags?

-- Contributed by: Justine

Hi Valerie,

If the bags look exactly like the real bags, then you run into some patent and copyright issues that you may not want to deal with. If you are marketing them as replicas anyway, you might be better off purchasing bags that have a similar, but slightly different look to the designer styles, so that you stay out of trouble. However, your best bet is to talk to law enforcement in your area or a lawyer. This will protect you from making a costly legal mistake. I'm sure you'll find a solution that works for everyone. Good luck with your handbag business :)

-- Contributed by: LoriSoard

I have bags I sell as replicas. I suspect that they are fakes because they come with authenticity cards and have tags on them that say coach, chanel, or prada. I take the authenticity cards out and don't include them and I take the tags off. I market them as replicas. Am I still illegal in purchasing them? The sellers I deal with will tell you they are not real if you ask.

-- Contributed by: Valerie

Hi Genia,

As long as they don't infringe on copyright and you're being upfront, you should be fine. You'll only need whatever licenses your local municipalities require. You'll also have to collect sales tax for anyone who orders in your state (this varies from state-to-state, though). Your Secretary of State should be able to help fill you in on the details and I'd also contact the IRS to find out what paperwork you need to keep and send in. Good luck with your new business venture!

-- Contributed by: LoriSoard

I have a handbag site and it clearly states that the bags are not authentic but an alternative to real designer handbags. The handbags that I have are Replicas - factory variants. Do I need a license to sell these handbags?

-- Contributed by: Genia

Hi Catherine,

It depends on how different the design is and also whether or not you are selling as a replica. For example, you wouldn't want to sell something that infringes on another designer's trademark. Hope that helps :)

-- Contributed by: LoriSoard

I have a website to sell replica handbags in NH. Is it legal or illegal to sell designer replica handbags or not. I thought that if you state they are fake it would be ok. Can you Help?

-- Contributed by: catherine

I have a website to sell replica handbags in NH. Is it legal or illegal to sell designer replica handbags or not. I thought that if you state they are fake it would be ok. Can you Help?

-- Contributed by: catherine

Dear Superior Handbags owner,

Thank you for your insight and details. As your post proves, it is always best to take the moral high road and then you'll not run into any problems. In other words, don't try to pass a fake off as the real thing. There are many good replicas that will only be realized as a replica if looked at very closely.

-- Contributed by: LoriSoard

Hi TJ,

When it says intention, they mean are you trying to pass a fake handbag off as a real handbag? There will almost always be some differences between replicas and the real thing, but one that looks extremely close might cause additional problems. Still, if you try to sell as real, when it's not, that is fraudulent and you'll likely suffer some type of consequences.

-- Contributed by: LoriSoard

Lori, et al. THis is to clarify things - I have a business; superiorhandbags.net, that sells Replica Handbags, Wallets, and soon to come shoes. I have an attorney who has searched FTC, and federal jurisdictions on this. The results are as expected. Using the designers' logo can infringe on copyright, the name may not be. When listing use words like "inspired" (as seen above) and do not post their logos with product details. If it is on the article, and is made in the US, it has to be slightly different - perfect logos always infringe. You can never pass a known replica or fake off as the real thing. Federal law always supercedes local law. Local law only pertains to the actual store locale. Internet businesses usually are governed by the origin of WHOIS. So go with a foreign host that does not have these laws. Never ship from or store products in your US location. I could type them all but in a nutshell: NEVER PASS A FAKE OFF AS REAL... and you should be safe.

-- Contributed by: Superior Handbags

Is it illegal to sell replic handbags. This site say it is based on intention, but other sites list it as being illegal. Can you please let me know if you have any supporting laws or documentation on this issue. Thank you!

-- Contributed by: TJ

Hi BtL,

Laws vary from area to area, which may be why you are getting such conflicting information. One thing that will get you into trouble quickly is selling replicas as the real thing. That is considered fraudulent. Your best bet is to always check with your local law enforcement agencies for a clarification. Hope that helps.

-- Contributed by: LoriSoard

I found this article through a search, and although it was helpful I still feel confused. There is such conflicting information on the internet about whether it is legal or illegal to sell designer replica handbags. This article states that it is NOT illegal to sell designer replica purses but other sources say it is. Some sites even say it's a federal offense. I truly am confused. It's hard to know what sources to trust.

So, could someone please answer this question once and for all, is it legal or illegal to sell designer replica handbags or not.

Thanks.

-- Contributed by: BtL

Hi DeeDee,

There are many replicas out there. The only way to be certain of quality it to look at the items in person. Throughout the year, there are trade shows. You may want to visit a couple to see what is available. These shows are usually held in Chicago and New York. With some of the designer purses, it could be hard to get the authorization to sell them, unless you are planning to sell used designer purses. Some things to look for in the purses you sell:

Is the stitching neat and without fraying?
How does the quality of the material or leather look?
Are the straps attached securely?
Does the manufacturer offer any type of warranty?

-- Contributed by: LoriSoard

I love handbags and would like to sell them on the internet. I am still somewhat confused is replica good to sell or do you think I should stick with the real thing?

-- Contributed by: deedee

Hi Amanda,

Of course, the best way to make sure you are purchasing a Fendi is by buying from an authorized seller. However, there are a few things you can look for, and these include:

Fend stamp on the bottom of the woven handle on the spy end caps.
Made in Italy should be engraved on the bag as well
The end cap on the handle is covered in a clear plastic or glass.
There should be a black hologram tag inside the bag and it should be sewn in

Finally, take a close look at the stitching. Fendi stitching is difficult for copycats to replicate. If it doesn't look perfect, then it is likely a fake. In fact, on most brands of purses, you can spot a fake in the stitching.

-- Contributed by: LoriSoard

Are there any specifics to look for to tell if a Fendi is authentic?

-- Contributed by: Amanda

Hi Chris,

The best way to spot a fake is in the quality. A Prada handbag will be nearly perfect in craftsmanship. I would look at the stitching, both inside and out. Any loose or uneven stitching will indicate this is not authentic. Here are few other things to look for:

Most authentic handbags come with an authenticity card. Prada is one that does. Did the seller send you this original card?

Prada usually does have a plate. The background of the Prada plate is typically the same color as the handbag.

Any metal on the handbag should have the word "Prada" engraved in it.

The inside tag should say "Prada Made in Italy"

The inside lining will usually have the word Prada stamped inside over and over.

Hope this helps.

-- Contributed by: LoriSoard

i just purchased a Prada bag of e-bay,it cost 150.00 what should i look for to make sure that it is authentic?there are no tags, there is logo on front saying Prada Milano.is there always a prada symbol inside? thanks again,chris

-- Contributed by: chris

Hi, Rob,

I'm sorry if anything was worded in a confusing way. Because the article was written a while ago and we update with comments and additional information, there may be some differences between the article and comments. Also, two different authors will have different opinions at times based on differing knowledge and experience or more current information that may have been released.

I'll try to clarify this issue. The people who make fake purses are getting better and better at replicating them and that includes the logo.

The best way to make sure the purse you purchase is not a fake is to buy from a reputable retailer.

Other than that, the easiest place to spot a fake is in the stitching. An authentic purse will usually have small, precise stitching. A fake often does not.

I hope that helps. Good luck in selecting a purse.

-- Contributed by: LoriSoard

Ok why am I still confussed? You say a fake has the logo and stamp but you give a web site saying these are ok but they have a fake logo and stamp????

-- Contributed by: Rob

Hi, Connie,

Good question. Replica purses are not illegal to purchase or sell but fake purses are. The difference is usually in the intent. Those selling fakes will try to pass them off as the real thing and charge similar prices. Also keep in mind that while replica purses are similar to the designer purse, they are not an exact copy. Fake purses often attempt to be an exact copy. I hope that clarifies that question for you. I know it seems like a gray area, but just remember that a replica will be slightly different from the original.

-- Contributed by: LoriSoard

I do have a question for ya.... Is it illegal to sell or buy replica handbags that have the name on it? Will use Coach for an example. I have seen them everywhere but people are letting you know they are fake. Just wondering.

-- Contributed by: Connie

Hi, SD. How are you? Excellent tip. Many people choose to purchase a replica because of budget concerns and this can be a viable option for some. A fake on the other hand can be a real disappointment because the buyer believes she is getting the real thing. That's why it is so important to buy from reputable sources and know what questions to ask.

-- Contributed by: LoriSoard

A replica "looks" like the item with out a logo or markings! A Couterfit "looks" just like the real thing with a fake logo and designer stamp.

-- Contributed by: SD

A replica copies the style but doesn't steal the name. A fake pretends to be the original.

-- Contributed by: D

What is the difference between a replica that is legal and a fake that is illegal?

-- Contributed by: Lou

What is the difference between a replica that is legal and a fake that is illegal?

-- Contributed by: Lou
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