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Sunglasses vs. Purses? |
While at the mall the other day I saw a cart selling knock off designer sunglasses. They had the sunglasses laying out with signs saying compare to gucci, compare to prada, or what ever. Now if I was to take handbags and do the same thing, I would go to jail. Why can sunglasses be replicated and not purses? Are intellectual property laws not the same for all items? I just dont understand. other than copyrights and trade marks, what about trade dress, it is certainly trade dress??? I THINK THEY ARE EQUALLY ILLEGAL <a href="http://www.guccicomte.co... Report It I am willing to bet they looked similar, but didn't have the exact logos on them. Its illegal either way. Called copyright infringement. Your missing the fact that most of the time purses are passed off as the real thing. Yes we know they are knock offs but they have the gucci label or prada label. As long as you don't misrepresent what it is you can sell it. Your thinking of trademark infringement actually it's not copyright infringement...it's trademark infringement...copyright is for things that are written (e.g. books, plays, etc) You can say "they compare to gucci" but you cannot say that "they ARE gucci". That is the subtle difference. You can compare a knockoff to the real thing, you just can't sell a knockoff AS the real thing. Trade dress referrs to the general look of an object, like the shape of a Coke bottle (which is trademarked, so I know that's a bad example). Trade dress laws do not make it improper to suggest that a consumer compare one product with another. It would be a problem if they claimed the products were gucci or prada, etc., but if they are not misappropriating the trademarks, trade dress would probably be really hard to prove in such a case. www.jffashion.com |
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