What is the distinction between selling replica items and the right to resell? 2 Answers as of May 17, 2017

Is there a way to sell replicas without legal consequences?

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Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
Replicas usually refer to counterfeit products, which, by definition, infringe upon the rights of the trademark owner. Selling replicas is illegal! The right to resell refers to the First Sale doctrine which states that the intellectual property rights of the owner of the product are exhausted/terminated upon the sale of the product (there are some exceptions to this, of course, such as licensing the product as opposed to outright selling it as in the case of software products) and the purchaser of the product is free to do as he/she pleases with the product including reselling it to other purchasers.
Answer Applies to: California
Replied: 5/17/2017
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
The answer depends upon the replica. Many companies protect their products, marks and memorabilia. If it is a modern replica, get a license from the owner. Place yourself in the shoes of the original owner. Would you want replicas of your work sold without you receiving the benefit. Your reputation would also be reflected in any bad replicas. If it a replica of a historic item then you would need to clearly identify the item as a replica, and the product should be permanently marked as a replica.
Answer Applies to: California
Replied: 5/17/2017
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