It is not clear from the facts you have provided whether or not the counterfeiter is using the trademark of the owner of the genuine purses, e.g., Gucci or other brand name. But, the issue here is whether or not the counterfeit counterfeit purses use a trademarked name or not. If so, the sale of the counterfeit purses is illegal. The sale of such counterfeit purses infringes on the owner's trademark rights built up in the goodwill (brand name appeal, quality, reputation, etc.) associated with their goods, namely purses. The counterfeiter is taking advantage of the quality and prestige of the genuine purses by using the trademarked name to make sales of purses that can unfairly undersell the retail price of the genuine article. This hurts the trademark owner in two ways. First the trademark owner is cheated out of a sale of its goods with its associated profit margin. Second, the trademark owner's reputation and goodwill associated in its trademark is damaged by the circulation of inferior counterfeits. Additionally, this hurts the consuming public because it generates confusion in the market place as to the source of the trademarked goods. Depending on various factors, the trademark owner may be entitled to damages such as lost profit, the infringer's profit, attorney's fees, injunction and destruction of the offending articles, etc. The infringer may even be subject to criminal penalties. If, on the other hand, the counterfeiter is selling a purse that does not use the trademark name, trade dress or other intellectual property of the genuine purse trademark owner, and perhaps additionally makes it abundantly clear that their purses are not associated with the genuine article purses or their source, then there might not be infringement. This is a highly fact specific outcome and would, of course, require careful analysis by a qualified trademark attorney. As always, you should consult such an attorney to carefully explore all of the facts and circumstances to ascertain whether there is liability or not.
Answered on Dec 13th, 2012 at 11:08 PM