In NY, counterfeit goods are often sold in the following way. You buy a bag that looks like a Hermes bag, but the label is blank. You get to choose your own monogram for it for $20 extra. I.e., you go to chinatown and pay a guy to write "Hermes" on an unlabeled bag. Such operations are often shut down by undercover cops.
Are you really going to argue that this is about misleading labels, when the customer deliberately chose the misleading label?
If it were about misleading labels, it would be legal to sell fake Levi's as long as you post a sign saying "Attn Customer: This is NOT real Levi's". It's not about misleading customers. It's about protecting the profits of status sellers.
Are you really going to argue that this is about misleading labels, when the customer deliberately chose the misleading label?
If it were about misleading labels, it would be legal to sell fake Levi's as long as you post a sign saying "Attn Customer: This is NOT real Levi's". It's not about misleading customers. It's about protecting the profits of status sellers.