Question About A Business Opportunity

[zhelynd]

hi, one of my buddy bought a fake LV(Luis Vitton) wallet for about $20 US from a certain asian country and sold it on ebay to some American buyer at the price of $300+shipping. According to him, as long as you don't say that the wallet is "authentic", then u won't be held liable for damages. I wonder if that is a valid point?

[DanB]

Is it a good fake?

[zhelynd]

yea it's a very good fake, class-A bootleg product, material is also very close to the original product

[DanB]

Hopefully he won't have to find out how legal it is

[vidcc]

if you describe it as being Luis Vitton or any other named brand you are implying it is genuine and therefore selling counterfeit and the purchaser could have a case against you. Omitting the word "authentic" doesn't imply it's a fake.
With Ebay it is an auction of sorts however and the purchaser does need to be aware and have a certain degree of self accountability.
A lot depends on the laws of the country one resides in. At the very least a case of false advertising could be raised.

[enoughfakefiles]

Ebays a strange place they sell items like this one below.

Clickerty click. :helpsmile:

[vidcc]

Originally posted by enoughfakefiles@30 April 2004 - 10:36
Ebays a strange place they sell items like this one below.

Clickerty click. :helpsmile:

Hope my bid wins :helpsmile:

[DanB]

One never used wedding dress, aaahhhhhh

[zhelynd]

Originally posted by vidcc@30 April 2004 - 19:32
if you describe it as being Luis Vitton or any other named brand you are implying it is genuine and therefore selling counterfeit and the purchaser could have a case against you. Omitting the word "authentic" doesn't imply it's a fake.
With Ebay it is an auction of sorts however and the purchaser does need to be aware and have a certain degree of self accountability.
A lot depends on the laws of the country one resides in. At the very least a case of false advertising could be raised.

Thats very helpful information. Thank you. So from the seller's prespective, it's likely to be only false advertisment, instead of piracy or counterfeiting which is more severe is that right?

[vidcc]

Originally posted by zhelynd+30 April 2004 - 10:41--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (zhelynd &#064; 30 April 2004 - 10:41)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-vidcc@30 April 2004 - 19:32
if you describe it as being Luis Vitton or any other named brand you are implying it is genuine and therefore selling counterfeit and the purchaser could have a case against you. Omitting the word "authentic" doesn&#39;t imply it&#39;s a fake.
With Ebay it is an auction of sorts however and the purchaser does need to be aware and have a certain degree of self accountability.
A lot depends on the laws of the country one resides in. At the very least a case of false advertising could be raised.

Thats very helpful information. Thank you. So from the seller&#39;s prespective, it&#39;s likely to be only false advertisment, instead of piracy or counterfeiting which is more severe is that right? [/b][/quote]
false advertising was the "very least" possible case....it would be more likely the manufacturer of the named brand or any public consumer body would make a case against you for piracy or counterfeiting. on a one off you might have a defence of "well i bought it in good faith thinking it was genuine", but you are talking business opportunities which will lead to a whole world of open mine holes to fall into.
A court is not likely to believe you thought say 100 of the items were genuine or at least not stolen if you paid a 10th of the market value in the first place (especially if you got the item from thailand)

with auctions it&#39;s a case of "buyer beware" ( though there are certain protections, dependent on the laws of the country concerned) however if you are knowingly selling fakes with the implication they are genuine.....you yourself should beware.