Question about handbags and such...

What is illegal, and what is not... I know that it is illegal to sell knock off items, but would if they are altered or the logo is changed??

Do you have to change the style, or just the logo? I want to have nice designer like items with my logo to give away as loyalty prizes for buying from my company, just I want to be legal about it.

My idea is to take the logo off of, say a Fendi bag, and use mine... is that legal? If not, what else do I have to do to make it legal? Also, I would like to do the same for sunglasses.

I am not trying to deceive anyone, I just know that these items are what woman want, and I would like to use them to keep customers.

Anything will help!!!

Thanks!

You cannot take a logo of a licensed product and put your logo on it. That would be no different than Ford taking a Silverado and taking the LOGO off and slapping a FORD logo on it and selling it.

If you know what women want, become a legit distributor of these items. To take ANYTHING that belongs to anyone else and PRESENT it as your own is fraudulent.

Now, you can create a knock off item and put your own logo on it---as long as it is clear that it is NOT associated with the original designer/tradmark/patent holder. Example--when I buy generic pain killer, it says right on it "NOT ASSOCIATED WITH THE MAKERS OF TYLENOL"---and it says PAIN RELIEVER on the bottle---NOT TYLENOL.

You can make a generic (like store brand pain killer) but it cannot intentionally be MADE to LOOK like tylenol to deceive anyone.

"If you know what women want, become a legit distributor of these items. To take ANYTHING that belongs to anyone else and PRESENT it as your own is fraudulent."

First of all... that was unnecessary. I thought I made it pretty clear that I was trying to offer prize items, not items for sale, and that I am attempting to find out the legality of these matters so that I can do so in a legit manner.

But thank you for the info, that's why I'm here... not to be a knock off artist.

Got a question though... Generic pain killers do have names on them like Equate or the house name like Walgreens and such but do look almost identical to Tylenol, correct?

That is what I would like to do... put my company name/logo on the item... and do whatever is necessary to make it legal to give away. It will in no way be presented as the original brand. This was the idea anyway and why I'm here. I don't care if it takes me putting a label stitched inside that says: "This is not in any way a So and So bag."

What is the exact criteria?

It wasn't unnecessary. Ask a question, then call the answer "unnecessary".

Allrighty then. It doesnt matter if you are selling or giving them away--if you are altering the logo, its illegal. Period.

Let me explain why it IS necessary.

If you know women like those items and you don't want to be a distributor for that company, and you are just offering them as prizes, what is the point of putting YOUR logo on them? In other words----if a business here locally wants to raffle of a Harley, knowing everyone in my neck of the woods has one, why would they take something we like and remove the logo and put THEIR name on it? I don't understand what you are trying to accomplish by removing a name they know and like---one they would appreciate getting on a prize.

If you are trying to launch your OWN line of "generic", so to speak, that is different.

If you are just trying to offer one or two as prizes from time to time, I don't understand the necessity of removing the label that makes it famous in the first place.

Generic pain killers are very precise in their packaging---they go to great lengths to make it clear they are NOT affiliated with TYLENOL. Thats why it says in huge letters EQUATE or the store brand name. The only thing my pain killer has in common with tylenol is RED print. The font is different, the logo is different. It clearly isn't Tylenol and no one could reasonably pass it off as being such.

Crocs are another example---those ugly rubber/plastic shoes? I have a dozen pairs of the ugly things---but none of them are name brand. They are all knock offs and they say clearly that they ARENT CROCS.

I do not believe that knock offs from good designers is illegal--until you either remove their name and put yours, or until you make your own and PUT their logo ON it.

Tradmark infringement is a fussy issue---and the 'exact' critera depends on what the item is----I wouldn't do anything without consulting with an attorney well versed in the same. An error at this point could be more than civil--it could be criminal.

What are you attempting to do? Pass off a generic as an original? Or remove a label and present it as yours? Your first posting says you want to present originals as yours by removing the logo. Your second posting says "It will in no way be presented as the original brand."

So, bottom line--what are you trying to accomplish?

I would like to have designer-like styled bags and sunglasses to drive my brand yet also satisfy my customers that are receiving them. Bags aren't like Harley motorcycles, if they are comfy and stylish and, above all, free... they will make a great gift. I have the ability to get these made very inexpensively, therefore, I was looking into the legality. If I'm going to have them made, I want them to meet the legal criteria is all.

I just want them to resemble the styles that these ladies most want. My business is not even accessories or apparel... I just want to offer these as prizes and gifts for ordering a certain amount of goods. I don't have a boutique or anything like that. Say they order $150, I give them a pair of sunglasses, or $500 I give them the handbag of there choice that I have had made. See what I'm doing?

That's all. If they like them enough when they receive them to actually want to buy them, great... maybe down the road we sell them. I just wanted to know if this was doable under the law? I know we can get items from china, like paper goods or folders that are Name brand look a likes, but they have removed the logo and changed one line or something like that. That's kind of what I was looking at doing. It's just a cool, quality item that they can receive.

This is all depending on the legality, of course.

I'm kind of thinking along the lines of the glasses you get at the fair that are styled like Chanel glasses, but have circles instead of C's. But maybe that's what you are saying... I don't think they have logos at all. So, I guess that leads me to ask, would If I just took the logo off and didn't have one on there at all? Just generic shapes... that's actually what I think I would like to do anyway. The "logo" I was wanting to put on the bags isn't even our logo at all, it's just a designer looking arrangement of some letters.

Sorry, this might seem crazy... lol. This is very helpful though!

My specialization is in criminal law---so I wouldn't want to steer you the wrong way. I think I understand what you are attempting to do, but I am not really comfortable with the legalities of it since it isn't something I deal with regularly.

Contact a patent or trademark attorney. Ask for an hour of his time--it will be cheaper than a HUGE lawsuit from companies who think you are copying them--and have the money to come after you.