Fake "designer" handbags- Legal or not?

[MentalSarcasm]

Recently on a selling community I'm on some debate has broken out over whether we should allow the sale of fake designer handbags (i.e. Chanel, Louis Vuitton etc). Fake DVDs and CDs are already banned, but there is a lot of confusion over the legality of fake bags.

One of the mods for the community looked it up on Google and got 2 conflicting answers:

"It is not illegal to sell replica handbags in the UK, if they are described as such at the time of sale."

"Any replica handbag is illegal, as it is using a copyrighted logo without permission from the copyright holder"

Anyone know which one is right?

[Lois22]

According to loose women it's illegal

[littlegreenfairy]

They may look similar, but you can spot a fake a mile off.

[andy_s]

If it tries to be something it's not and trades on a brand then no, not legal.
If it's a similar design but the logo isn't trying to be 'Mulberry' for example then it's just 'inspired by' and legal.

[disco1]

It is defo illegal, I remember Louis Vetton taking this very seriously. However, no one pays any attention, you can go to the market near Farringdon tube and pick up all sorts of fake stuff from sunglasses to bags.

[damci]

It’s highly illegal and anyone who is selling or buying counterfeit items can go to prison or face a hefty fine. There was a story in the paper not so long ago about a woman who sold over £20,000 worth of fake designer handbags on eBay who is facing a lengthy prison sentence.

However, I do not believe it is illegal to sell a ‘look-a-like’ which doesn’t bear the designer name/logo.

[rich1231]

littlegreenfairy said:

They may look similar, but you can spot a fake a mile off.

I bet you couldnt

[Driller]

You've got to hand it to the folk at Vuitton. They can market bags costing several thousand Euros and they're made of vinyl.

[Jasandjules]

andy_s said:

If it's a similar design but the logo isn't trying to be 'Mulberry' for example then it's just 'inspired by' and legal.

Not quite as simple as that IIRC... If something looks/sound similar, it CAN still be a breach of Trademark.

And no, I don't think a fake item is legal per se.

[ali_kat]

rich1231 said:

littlegreenfairy said:

They may look similar, but you can spot a fake a mile off.

I bet you couldnt

Handbag

[Cpn Jack Spanner]

You still see lots of adverts for fake designer Lamborghinis - don't know how they get away with them!

[R360]

Same principal apllies for fake watches, Illegal!

[The Walrus]

R360 said:

Same principal apllies for fake watches, Illegal!

That reminded me of someones who came into the watch store I worked in.

Customer - Can you change the battery on this watch

Me - Should not be a problem, I look at the watch and notice the cheap president bracelet on the so called oyster perp.

Me - I am sorry sir I will have to confiscate the watch as it is fake

Customer - Look of astonishment and then much verbal abuse

End of story but what did the muppet expect he came in to a Rolex dealer and expected me to say yeah no problem fella, chuck over the counterfeit and I will lose my licence for a $10 watch !!

[Cpn Jack Spanner]

The Walrus said:

R360 said:

Same principal apllies for fake watches, Illegal!

That reminded me of someones who came into the watch store I worked in.

Customer - Can you change the battery on this watch

Me - Should not be a problem, I look at the watch and notice the cheap president bracelet on the so called oyster perp.

Me - I am sorry sir I will have to confiscate the watch as it is fake

Customer - Look of astonishment and then much verbal abuse

End of story but what did the muppet expect he came in to a Rolex dealer and expected me to say yeah no problem fella, chuck over the counterfeit and I will lose my licence for a $10 watch !!

Is that the Law? So, if I see anything counterfeit - cars, watches, jewelry - I can just take it like you did? Isn't that also called stealing?

[The Walrus]

Cpn Jack Spanner said:

The Walrus said:

R360 said:

Same principal apllies for fake watches, Illegal!

That reminded me of someones who came into the watch store I worked in.

Customer - Can you change the battery on this watch

Me - Should not be a problem, I look at the watch and notice the cheap president bracelet on the so called oyster perp.

Me - I am sorry sir I will have to confiscate the watch as it is fake

Customer - Look of astonishment and then much verbal abuse

End of story but what did the muppet expect he came in to a Rolex dealer and expected me to say yeah no problem fella, chuck over the counterfeit and I will lose my licence for a $10 watch !!

Is that the Law? So, if I see anything counterfeit - cars, watches, jewelry - I can just take it like you did? Isn't that also called stealing?

Nope if it was a look a like maybe but it was a fake, he walked into my store handed me his illegal counterfeit watch not under duress and I took it and handed it over to my local police station, I did tell him he is more than welcome to go and try to reclaim it from them if he so desired.

[tank slapper]

The Walrus said:

Nope if it was a look a like maybe but it was a fake, he walked into my store handed me his illegal counterfeit watch not under duress and I took it and handed it over to my local police station, I did tell him he is more than welcome to go and try to reclaim it from them if he so desired.

The fact that it is fake does not mean that you have the right to confiscate it. It may be illegal to sell such items, but possessing them is not.

[Gylen]

disco1 said:

It is defo illegal, I remember Louis Vetton taking this very seriously.

My ex bought a Louis Vetton handbag from Ebay. It went well with her Ralgex watch and Von Ditch T-shirt

[The Walrus]

tank slapper said:

The Walrus said:

Nope if it was a look a like maybe but it was a fake, he walked into my store handed me his illegal counterfeit watch not under duress and I took it and handed it over to my local police station, I did tell him he is more than welcome to go and try to reclaim it from them if he so desired.

The fact that it is fake does not mean that you have the right to confiscate it. It may be illegal to sell such items, but possessing them is not.

Is it illegal to buy them knowing that they are fake ? if so you would be handling illegal goods.

Would I not then be able to confiscate the item to pass onto the police ?

Right or wrong it is in the past and given the situation I would do the same again, as I said he could had he wanted gone to reclaim the item less than 200 metres up the road.

This was over 10 years ago so laws may have changed but that's what I had been told, I cant see the police turning a blind eye to it if presented to them.

Either way I don't buy fake items as I don't see the point, I could buy something properly made without a fake label for the same money that works better and has a guarantee.

[Hyperion]

It's perfectly legal to sell something which looks exactly the same, as long as it doesn't bear any branding or trade marks of the original.
Fake Rolex watches often have the crown symbol and 'Oyster Perpetual' trade marks, and can be confiscated.

[Fume Troll]

There are some grey areas due to IP law and so on, but it's safe to say that the authorities take quite a dim view of it.

Coupled to that, a great deal of the production is linked to organised crime.

Cheers,

FT.