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  1. #1
    Join Date
    Apr 2012
    Posts
    22

    Default Is it Illegal to Buy Counterfeit Merchandise

    My question involves a consumer law issue in the State of: WA

    According to this article, it's okay to buy a knock-off, only illegal to sell it. According everything else I've seen online however, it's the opposite (in the US, it is illegal to buy a counterfeit). NYTimes however is more credible than all of the other sources - at the same time, it seems odd to me that everything else suggests otherwise so I came here to clarify.

    My concern is that, suppose I already possess a counterfeit product, am I legally liable? I don't plan to sell it, it's just lying around and isn't even like a good counterfeit (knock-off watch from a park near NY years ago). If I am, is there something I can do to get in the clear?

    Thanks for the help.

  2. #2
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Legality of Purchaisng Counterfeit

    Quote Quoting speedmonkey
    View Post
    My question involves a consumer law issue in the State of: WA

    According to this article, it's okay to buy a knock-off, only illegal to sell it. According everything else I've seen online however, it's the opposite (in the US, it is illegal to buy a counterfeit). NYTimes however is more credible than all of the other sources - at the same time, it seems odd to me that everything else suggests otherwise so I came here to clarify.

    My concern is that, suppose I already possess a counterfeit product, am I legally liable? I don't plan to sell it, it's just lying around and isn't even like a good counterfeit (knock-off watch from a park near NY years ago). If I am, is there something I can do to get in the clear?

    Thanks for the help.
    Mere possession is not a crime. The items can be seized if counterfeit. See http://apps.leg.wa.gov/rcw/default.aspx?cite=9.16.030 et seq

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Legality of Purchaisng Counterfeit

    I’m not sure what sources you are referring to, but I know of no law that makes it a crime to knowingly buy or possess counterfeit merchandise. The whole point of counterfeit merchandise laws is to protect the integrity and reputation of a manufacturer’s trademark and to protect consumers from deception and fraud. If you knowingly purchased merchandise you knew was counterfeit, you have not been deceived and, therefore, not harmed or the victim of a crime (however, the manufacturer shown on the label/trademark has been harmed and IS a victim). So, as long as you do not continue the crime by trying to sell the item or otherwise fraudulently put it forth as authentic, you are not committing any crime that I am aware of.

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