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  1. #1

    Thumbs up Replica business

    Hello,

    i contact you because i have a question, i have contacted instabill and they have send at me it's legal to sell replica to usa, if it's stated to the website "REPLICA", Is it right?

    Thank's for your reply
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  2. #2
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    lol, it is illegal to sell replica period. however many high risk providers accept replica merchants as it is a high demand and bring in numbers. i know of a few.
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  3. #3
    Thank you for your response, I knew the answer, but the fact he told me it had sown disorder, thank's
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  4. #4
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    my experience is that as long as you say on your web site that you are selling replica it is not difficult to get merchant account, but this does not mean that what you do is legal
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  5. #5
    Thank's, for you help
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  6. #6
    I think replica is OK to sell online and you could find evidences from Google adwords keyword tool that keywords beginning with replica have a lot search volume monthly.
    Men, women and kids air jordan shoes,
    air jordan fusion shoes shop online.
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  7. #7
    Yes, thank's
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  8. #8
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    Hi topstar

    Actually that is correct, as long as it's clear on the website that you are selling replica - it is legal. The illegal portion only comes into play when a merchant tries to sell the items as original designer work.

    The best processing solutions for replica are located in the EU - and yes, you can sell to US customers as well.

    I hope that helps and welcome to the forum!
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  9. #9
    Hi MultitaskerVic,

    what is the best processing solution for you?

    Thank's
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  10. #10
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    Topstar

    I answered your PM, thanks
    payment processing made simple -since 1998
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  11. #11
    Quote Originally Posted by multitaskerVic View Post
    Hi topstar

    Actually that is correct, as long as it's clear on the website that you are selling replica - it is legal. The illegal portion only comes into play when a merchant tries to sell the items as original designer work.

    The best processing solutions for replica are located in the EU - and yes, you can sell to US customers as well.

    I hope that helps and welcome to the forum!
    Hi, multitaskerVic

    Would you please let me know what is the best processing solutions?

    Thanks,
    Men, women and kids air jordan shoes,
    air jordan fusion shoes shop online.
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  12. #12
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    Replicas could be legal or illegal depending on what you're selling.

    Fake Rolex or Louis Vuitton purses = NO

    Old items that are out of production and business is no longer existing = Maybe... all depends if the company that makes the product is actively selling or pursuing the business. You would have to research and contact a lawyer.
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  13. #13
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    Quote Originally Posted by multitaskerVic View Post
    Actually that is correct, as long as it's clear on the website that you are selling replica - it is legal. The illegal portion only comes into play when a merchant tries to sell the items as original designer work.
    I have to disagree. Admitting to selling illegal stuff does not make it legal.

    Quote Originally Posted by multitaskerVic View Post
    The best processing solutions for replica are located in the EU - and yes, you can sell to US customers as well.
    You may want to contact DOJ to confirm but I am very certain that selling replica to the US customers is not legal.
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  14. #14
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    Well, customs in the US will confiscate it if they believe it is replicas...so I would think that might mean something(check their list of items confiscated).

    Also I think if it was on the up and up here in the US, then places like Gucci would not go after replicas, and I dont think the stores in Chinatown that keep a room in the back with special items expects that anyone thinks they are buying real items...so why the need for a room in the back?
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  15. #15
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    Talking about Gucci, in August they sued number of credit card processing companies for trademark infringement. You can read the rest here:

    http://www.reuters.com/article/rbssC...35077620090806
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  16. #16
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    You, your host and carriers will be flooded with daily complaints from the manufacturers.
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  17. #17
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    I think several of you are misunderstanding .... The fact is that only certified Gucci merchants can sell Gucci, however - If a merchant sells AND advertises that they are selling handbags inspired by a 'Guccish' type design but are not true Gucci - it's fine.

    Selling a fake Gucci and saying it's Gucci, thats where the trouble lies. A replica merchant must also consider the trademark use of the designers names although acquiring banks pay much less attention to that than how the items are advertised.
    payment processing made simple -since 1998
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  18. #18
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    The above post is true but if the design is close to, or spot on, to a Gucci bag then its a replica even though the merchant might not advertise it as a Gucci replica or Gucci in any kind of way.

    However there is no merchant that sells a no name bag. They all advertise it as a replica (or Gucci) some way because they want the sales pitch.

    Without the reference to Gucci people would not be interested.

    When they do that the breach the copyright laws immediately.
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  19. #19
    Thank's for all Reply. (^_^)
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  20. #20
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    Quote Originally Posted by Failsafe Payments View Post
    The above post is true but if the design is close to, or spot on, to a Gucci bag then its a replica even though the merchant might not advertise it as a Gucci replica or Gucci in any kind of way.

    However there is no merchant that sells a no name bag. They all advertise it as a replica (or Gucci) some way because they want the sales pitch.

    Without the reference to Gucci people would not be interested.

    When they do that the breach the copyright laws immediately.
    I'm not so sure about that. In the data hardware world, customs would only confiscate counterfeit Cisco product if they could prove it was counterfeit and the packaging and everything was cisco branded. If it was 3rd party Cisco, they let it pass. Cisco only had a hand in the Chinese imports that were branded as Cisco when they were not. Theres a bazillion places to by 3rd party Cisco GBIC's, and your allowed to use their name in your wordage, because you are referencing what the product is 'like', not what it 'is'.
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  21. #21
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    Design and hardware is a bit different. What Gucci does is simply to copyright all their products and design and hence their products are protected otherwise they would never win any court case as the design would be open for any one to copy.
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  22. #22
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    What about hosting companies, do they accept replica and what happends if they get contacted by a brand company, must they give out details about the site owner.

    Is US good country for replica hosting?

    I can see that many of the china suppliers are hosted in US

    Is not the copyright laws in US stronger then rest of the world, why choose US for hosting?
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  23. #23
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    Quote Originally Posted by Dr Viggo View Post
    What about hosting companies, do they accept replica and what happends if they get contacted by a brand company, must they give out details about the site owner.

    Is US good country for replica hosting?

    I can see that many of the china suppliers are hosted in US

    Is not the copyright laws in US stronger then rest of the world, why choose US for hosting?
    a lot of clients have their sites closed when brand company contacted them especially if you host in US
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  24. #24
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    I really dont get it, chinese vendors selling all kind of replica products and host their sites in US and accepts payment thru paypal and western union.

    I asume their main market is the US and that US authorities have the power and possibility close their sites and maybe file a law suite or maybe the cant touch them as they are using chinese companies and bank accounts.

    How come paypal, 2checkout and western union accepts replica sales or do they freeze funds when they find out
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  25. #25
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    Quote Originally Posted by Dr Viggo View Post
    How come paypal, 2checkout and western union accepts replica sales or do they freeze funds when they find out
    western union is no problem, paypal i think close account if there is complain, for 2checkout i do not have experience, but i think it should be the same as paypal
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  26. #26
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    How does the western union payment work in reality with internet trade
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  27. #27
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    Quote Originally Posted by Dr Viggo View Post
    How does the western union payment work in reality with internet trade
    you must go to WU office in most countries to pick up money, same is for most countries to send it
    Offshore incorporation and bank accounts
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  28. #28
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    sounds complicated
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  29. #29
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    It all depends on what you are selling and how you are presenting it. If you sell a bag with a Gucci label on it, and it is not a real Gucci bag, that is illegal. You can sell a bag that looks similar to a Gucci bag and have a label on it like Guche or Gukki. The major labels scan websites/ebay looking for people selling knock-offs with their label on them. This is a copyright infringement, and is illegal. It is also against the law to sell a "Gushe/Gukki" bag and present it as a Gucci bag. This is fraud (a different crime) and is also against the law. However if you sell the replica bag AS a GUKKI/Gushe bag, then that is fine. The bag just needs to be slightly different.
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  30. #30
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    Good explanation,

    What if you call it second class products that did not pass the high quality check that the brands requires and that is why you sell them much cheaper.

    Then you are telling the customers that they cant expect the same product as the original
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  31. #31
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    All the major labels have "factory irregular stores" where they send the products that did not pass inspection, but might be too nice for the trash pile. Calling it second class / irregular is fine as long as you are not selling it as a Gucci bag. If you have Gucci on the bag, and Gucci did not make it, you will get hit with a copyright lawsuit and have your product seized by the Feds.--Sad, but true. If you sell a product that is Gukki/Gushe, and market it as a Gukki bag--and that it is somewhat similar to a Gucci Bag, then that is fine, as long as the bag is noticeably different and is not sold AS a Gucci bag irregular or otherwise. Otherwise the Feds will be giving their wives Gukki Bags for Christmas
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  32. #32
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    As I understand the brands go after the processors and not the vendors as the processors are letting this go on thru their systems.

    Also maybe this is an easier approach to chase one part instead of hundred of different vendors
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  33. #33
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    The Brand manufacturers can ask the processor to stop processing for the replica vendor (if they can figure out who the processor is), every processor will oblige. Since the processor would then be facilitating a crime, if they didn't. From what I have seen the vendors and bag manufacturers are the ones the Brands seem to go after legally. The only industries that hit the processors directly are online gambling & online tobacco. These industries got hit specifically because of not paying taxes. The online tobacco guys got hit for not paying state taxes and a group of State Attorney Generals (led by Elliot Spitzer-the Call girl governor of NY)even went so far as to send out bills to the tobacco vendors customers for back taxes for their online purchases. The online gambling thing is a crime too, (once again because the government has a hard time collecting taxes on them).
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  34. #34
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    Seems that USA is the new Soviet Union
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