{"id":352146,"date":"2023-11-24T08:15:30","date_gmt":"2023-11-24T13:15:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/selling-fakes-online.html"},"modified":"2023-11-24T08:15:30","modified_gmt":"2023-11-24T13:15:30","slug":"selling-fakes-online","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/selling-fakes-online.html","title":{"rendered":"Selling Fakes Online"},"content":{"rendered":"\n
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Selling Fakes Online<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Counterfeit items that copy a company trademark may look like the real thing, but they defraud legal businesses and consumers. Knockoff items may not violate trademark law when the smart consumer can spot the difference. Fake drugs can bring real danger to the unknowing consumer.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The Internet’s speed, connectivity, and anonymity make it possible to sell nearly anything to anyone at any time. Unfortunately, that can include the sale of fake products<\/a>. Everything from counterfeit handbags to knockoff clothes to fake medications appears for sale online. Although selling fakes online can be big business, it also amounts to a common online scam.<\/p>\n

Depending on the kind of counterfeit goods a scammer may try to sell, both civil and criminal laws<\/a> may apply. Read on to learn more about the law, the agencies that investigate the sale of counterfeit goods, and what consumers can do to address fake products.<\/p>\n

If you have been charged with counterfeiting, consider contacting a criminal defense attorney<\/a> near you for legal help. An attorney can help you understand your charges and how the law applies to your case.<\/p>\n

Selling Fakes Online: Trademark Fraud<\/h2>\n

A\u00a0trademark<\/a>\u00a0can be a word, name, slogan, or symbol that businesses use to distinguish their goods or services from those of others. By registering a trademark, businesses can prevent others from using their name, image, or catchphrase to sell products.\u00a0<\/p>\n

Counterfeiters sometimes steal the designs or trademarks of others in order to dupe customers into buying\u00a0fake products<\/a>. Common examples of trademark fraud include counterfeit purses bearing the trademark logo of brand names like Louis Vuitton or Gucci.<\/p>\n

People who use counterfeit trademarks to sell fakes can be penalized in two ways:<\/p>\n

First, the rightful owner can sue the person using their trademark falsely. They may recover ill-gotten profits, damages, and attorney fees.<\/p>\n

Second, the government can prosecute a seller under the Trademark Counterfeiting Act of 1984<\/a>. The Act makes it illegal for individuals to\u00a0knowingly use a counterfeit trademark<\/a>\u00a0to sell goods or services. A counterfeit mark is one that:<\/p>\n