Legality of selling first copy of branded products
26-Oct-2023 (In Corporate Law)
I want to start new business of selling first copy of branded shoes and other branded products. So is it legal business ? Is it crime ?
It’s definitely not a legal business. It amounts to counterfeiting (selling of lookalike products bearing fake trademarks) which is a form of trademark infringement. If the brand of the shoes and other products that you are planning to sell is a registered trademark and protected, then the original brand owner may take legal action against you, if he/she gets to know about your business. Selling the first copy of branded products is a bad idea for a business. You could get caught if the original brand owner discovers you or someone else reports your products being a copy of the branded products. There are various civil and criminal actions under the trademark law of India that can be taken against you in case anyone gets to know about your illegal business.
You can be jailed for up to 3 years under the Trademark Act, 1999 of India and fined up to 2 lakh rupees. For example, Skechers, an American lifestyle and performance footwear company took legal action against Flipkart for selling its counterfeit products.
You can be jailed for up to 3 years under the Trademark Act, 1999 of India and fined up to 2 lakh rupees. For example, Skechers, an American lifestyle and performance footwear company took legal action against Flipkart for selling its counterfeit products.
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