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Re: Design Trademark?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on December 21, 2002 at 02:15:00: In Reply to: Design Trademark? posted by Andy Richter on December 20, 2002 at 11:16:59:
: This is a design by famous designer Louis Vuitton : http://store5.yimg.com/I/handbagdiva_1700_25400 : This is a fake reproduction of the design on a different product. Notice the upside down LV trademark. : http://www.tias.com/stores/prototypevintage/pictures/766d.jpg : Is this trademark infringement or in any way illegal? : It should be assumed that full disclosure that the products are not authentic would be made. Items would be marketed as "inspired" designs not authentic. : Without research, it is my belief that "trademark counterfeiting", is illegal. The legal definition of that and getting civil authority to police that if highly difficult even if possible. Civil agencies are not eager to go on commericial missions. Trademark infringment is actionable by the owner of the trademark. It may be possible to get an open court order to seize infringing goods. This under the civil law not criminal law. No trademark, not infringement. M. Arthur Auslander
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