QUESTION

Selling counterfeit products

Asked on Nov 13th, 2014 on Patents - New York
More details to this question:
I want to sell online products imported from China which may be counterfeit, can the original owner do anything else besides from requesting to discontinue selling the items? or which other problems can I be involved in if I already sold them and agree to discontinue once I get informed they are counterfeit? Thank you
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1 ANSWER

Patents Attorney serving McLean, VA at George H. Spencer
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If the trademarks on the products have been registered with U.S. Customs, the counterfeit goods could be seized and destroyed upon entry into the United States. Furthermore, the Trademark Counterfeiting Act provides penalties of up to five years imprisonment and/or a $250,000 fine ($1,000,000 fine for a corporation or other legal entity) for selling or attempting to sell counterfeit goods or services and these penalties increase for a second or subsequent conviction under the Act. You would be very wise to make sure that the goods you intend to sell are not counterfeits given the above noted penalties.
Answered on Nov 14th, 2014 at 12:33 PM

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