Is It Illegal To Purchase Counterfeit Goods?

Replica watches as well as other replica goods seem to be increasing in prevalence in the offline and online marketplaces. Although their design is inspired by an original brand, they are legal as they leave off the trademark or distinguishing logo of the genuine brand. They are even sold by reputable companies. However, there are goods which are actually illegal in its production, distribution and sale, as well as its transport – counterfeits.

You probably have seen or have come across a counterfeit product, especially with its prevalence today. Or perhaps you have unknowingly bought one, just to later discover that the brand promoted at an unbelievable price that’s hard to resist wasn’t the brand at all. With heightened globalization broadening the production and sale of products and goods all over the globe with the plea of lesser prices, counterfeiting has turned into a major trade. This is exactly the case in the United States wherein it houses one of the biggest and major markets for consumer products.

Counterfeit Goods – What is it?

Most often, counterfeit goods are goods of substandard quality which are sold by another business’s trademark. A trademark is an officially and legitimately recognized company logo or mark that are customarily attached or marked onto products and goods it sells in the market. These trademarks safeguard the reputation of a company and permit consumers to differentiate between goods and products in the market. These trademarks never expire and, as soon as the trademark is registered with the US Patent and Trademark Office (USPTO), the company could exclusively make use of its mark in the United States and could lawfully stop other companies and businesses from utilizing even identical looking marks if consumers become confused by it.

Is it Unlawful to Purchase Counterfeits?

Federal law in the United States protecting these trademarks makes it unlawful to intentionally traffic goods that are counterfeited. This involves the manufacturing, sale as well as the transport of counterfeits. However, the Department of Justice of the U.S. has specified that the law does not outlaw a person from purchasing a counterfeit good for their own usage, even though they know that the product is a counterfeit.

Traffickers of counterfeit goods who are first-time offenders could get a maximum of $2 million penalization and 10 years jail time, while Second-time offenders gets a $5 million penalization and 20 years jail time. Furthermore, if a company traffics in goods that are counterfeit, it could be answerable to a $15 million fine.

Is It Unlawful To Use A Smartwatch While Driving?

Technology is advancing in a very speedy pace. For instance, phones today don’t just receive calls and text messages and watches aren’t only used to tell time. Moreover, watches could now be wirelessly connected to phones, such as smartwatch for iphone, to better experience the features they have to offer.

These kinds of technologies are indeed very beneficial and useful, however, if not used wisely could be a form of distraction and may cause harm towards oneself and others as well.

Take using smartphones while driving as an example. Many have been casualties of drivers who use there smartphones or any handheld gadgets while driving as they become distracted instead of focusing on the road.

Mind the Law

Even though laws and regulations differ from one state to another, it is against the law in most states in the U.S. hold and/or use a mobile phone whilst driving. Furthermore, it is in the same way prohibited and unlawful to make use of smartwatches whilst driving.

If an individual causes a mishap while distracted because of the use of a smartwatch, the individual could be arrested as well as indicted with a crime or offense, especially if the accident has caused injury someone else or worse death. Although the individual may seek the assistance of a bail bondsman to be released on bail bond while their case is pending, it is still best to prevent such accidents by avoiding the use of distracting devices and electronics such as smartwatches and smartphones.

These developments in technology have grabbed hold of the imagination and ingenuity of people wherein to create such “smart devices.” Although these creations are thrilling and does make quality of life much easier, users must never use these devices as it distracts the driver while driving and due to the hazards it may cause to themselves as well as others.

Smartwatches Poses More Danger Than Smartphones

In the United Kingdom, a road safety unit gave out a report regarding how hazardous the use of smartwatches could be for motorists while driving. As per the Institute of Advanced Motorists (IAM), smartwatches may be all the more unsafe as well as distracting for drivers compared to smartphones. This is so since utilizing a smartwatch as an individual drives necessitates the motorist to make use of both their hands to use it. Although a smartwatch is placed on just one wrist, the motorist must make use of the other hand to operate the device which leaves no hands for the wheel.

Mobile App Development – End User Privacy

With the prevalent adoption and use of mobile devices that allow individuals to connect to the internet, mobile apps are more and more a favored channel for gaining access to online content as well as interaction and engagement. With many mobile apps are created through cross platform development, these apps could run in any mobile operating system. The distinctive abilities that these mobile tech offers to individuals as well as various trades and industries a new means of not only assessing data but also the processing as well as the transmission of data and info. Because of these capabilities, it has brought about some legal concerns such as privacy of the end user, rights on intellectual property, as well as on advertising.

Legal Considerations on the Development of Mobile Apps

Form the start and all throughout the development of a mobile app, companies must take into consideration as well as deal with these legal issues to safeguard their rights as well as reduce risks of accountability from violating the rights of others, especially the end users.

Privacy of the End-user

One of the most vital legal consideration when developing an app is privacy. Mobile privacy is identified and recognized by the Federal Trade Commission as a major priority to be enforced, particularly the privacy of children. State regulators as well as class action attorneys have similarly been keen and active in this matter. To make certain that companies comply and lessen the risk of liability as well as reduce damage on their reputation because of privacy breaches, the following must be taken into account:

  • When developing a mobile app, always bear in mind the concept of privacy from the start, during and end of the development process
  • Create policies on privacy for your mobile app that discloses entirely and precisely its practices regarding information, such as the collection of information, how they are used, disclosure, care as well as the security and safety of personal info of the user.
  • For disclosure and practices on privacy, consider certain legal requirements that may possibly be applicable on the kind of info being collected, which includes any particular requirements for industries that are regulated or information that are quite sensitive.

 

 

 

The Simplifying Outdoor Access for Recreation Act (SOAR)

A two-party bill instituted to the Senate on May 23, 2019 promises to deliver considerable regulatory relief to the outdoor industry which would be very beneficial to outdoor recreation, particularly every guides as well as outfitters who operate on public land. Check out https://gamecameraworld.com.

Simplifying Outdoor Access for Recreation Act

The bill  was introduced by Senators Martin Heinrich and Shelley Moore Capito. Senator Martin Heinrich is a Democrat who is from New Mexico, while Senator Shelley Moore Capito is a Republican who is from West Virginia. The bill they introduced, the Simplifying Outdoor Access for Recreation Act (SOAR), pledges to work out the following:

  • Enhance the procedure for releasing permits for recreation by instructing the agencies for the federal-land-management to remove processes that are duplicative, lessen costs, reduce time of processing permits as well as to make environmental review simpler;
  • Improve flexibility for guides, outfitters, and other spearheads of the outdoor by letting them engage and participate in undertakings that are considerably akin to the undertakings stated in their permit;
  • Create availability of more opportunities for recreation by instructing the agencies to provide more permit that are for short-term as well as establish a program wherein permit service days that are unused may be shared between holders of permits;
  • Improve transparency of the system by instructing agencies to give notice to the public regarding the availability of new recreation permits and compelling the agencies to deliver responses that are timely to individuals applying for permits;
  • Make the process of issuing permits for trips that entails more than a single agency of land management easier and simpler by giving consent to agencies to release a lone joint permit which comprises the lands of numerous agencies;
  • Cut down the permit charges as well as cost recovery expenditures for small scale organizations and businesses by means of leaving out particular revenue from the computations of the permit fee and creating a simple 50-hour cost recovery charge exclusion for the processing of permit;
  • Furnish new protection for permit holders of U.S. Forest Service by acknowledging demand fluctuations that are seasonal as well as relinquishing permit use reviews in unexpected situations that permit holders cannot control, wildfire for instance.
  • Aid to regulate costs of liability insurance for holders of the permit by permitting them to utilize forms for liability release with their clients.

Is it Legal to Sell Refurbished Items?

Refurbished products, such as those from refurbishediphones.ie/, are items that are sent back to the manufacturer to rebuild, restore, or reconstruct. There is no actual legal description as to what “refurbished” is, although the term signifies that a merchant has restored the item and is put into great working and functional condition. Intrinsically, the term could cover many scenarios, for instance:

  • An item or product that is new and returned by a consumer who not once made use of the item
  • An item that is used or pre-owned and brought back to the manufacturer to have it rebuilt or reconditioned to work like brand new
  • A brand new item wherein the packaging is broken or damaged

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Vending Refurbished Items Is Permitted

When you shop for electronic devices online, you might come across several items that are marked as “refurbished.” Such items must price much lesser compared to new ones and several would even have a warranty or guarantee period of 12 months. For refurbished products, the rudimentary rule is that the moment an item is returned, it no longer could be vended as brand new, even though the product was not once been used.

In many countries, it is legal to sell goods that are refurbished provided that the vendor correctly and precisely represents the attributes or features of the item and sells them for a fraction of the price of a brand new product.

It is a Fraud to Vend Refurbished Items as Brand New

In the United States, the law on Truth In Advertising which is directed by the Federal Trade Commission, necessitates that all items that are refurbished as well as reconditioned be labeled accordingly and properly. This denotes that any seller or merchant can’t refer to a refurbished product as “new.”

For instance, when and if seller markets a refurbished or used smartphone as brand new, the seller can face charges on criminal fraud, fines as well as time in jail; this is if the prosecuting attorney in your area considers it to be sensible.

To pursue such charges, you must file a report to the police. Putting the criminal viewpoint aside, as a purchaser or consumer, a lawsuit on misrepresentation could be filed against the provider or supplier. If all goes well, you could revoke the transaction and be able to gain back your money at least. Moreover, your state may perhaps have a law that grants you with added money for damages.