Person A sells Iphone 6 replica (Thunderbird i6) to person B (person B knew that it is not original) person B exchanges it to person C (Person C knew that it is not original) Person C exchanges the turn to Person D (person C has concealed person D, that it is not original)
Person D exchanged again the phones and would report to person C display. Person C wants to turn "damages" because of now has no cell phone and report as a complaint against person B.
My question is: Can Person D and reimburse Person C ad? And person C and B are thus prosecuted?
The entire purchase transactions ran from privately on ebay accesories and per meeting.
I hope someone here can besntworten my questions :)
The best answer
the sale of fakes is punishable, so has already A committed an offense, because he sold it. moreover, C, because he has kept this important feature.
D may provide advertisement, C has the fake tacitly taken for purchase, as he won the ertauscht of B. this display is also more of a revenge action on B be because C now has stress with D and (attention, irony!) of course another (ie B) must be to blame for the problems of C. can not be true that C itself for the Responsible what C does so ... (ironic end)
for the advertisement must the device the police are passed, which then passes on the an apple. the right owner of apple in DE can then confirm whether it is a fake. that may be visible to other, but the clear evidence, only the manufacturer or its expert supply.
the fake of course there is not back, it may even cost required for the destruction.
C is therefore well advised to withdraw the part and to reimburse the purchase price. he does not and D which pulls through, then C will learn probably know the lawyers of Apple who understand namely no humor in copyright infringement and otherwise are counterfeit.
when still comes out that there is also A and B, which could be a very unpleasant and expensive history for all four.
ignorance does not protect against punishment and many companies go rigorously against copyright infringement before. the penalty for something is usually 4 digits before the comma, so you should 1000EUR then already allow at least - rather much more, because you also have to pay a lawyer, thus modifies the declaration of which is to be delivered. Priority are not starting, will suit filed and that will be really expensive.
only person c has committed an offense, because he has concealed that it is not original. because the people knew that a and b, it is not original, they have not concealed anything and thus are not made liable to prosecution
I ask need clear and reliable answers