Monday, February 23, 2015

Two Kinds of Counterfeit

We look for what is easiest explained as "2 types of counterfeit products". Although we are not lawyers or experts on everything, we share with you our ongoing research.

Further Reading:
Trademark Law
Trademark Dilution
Trademark Dilution Article

1. OUTRIGHT COUNTERFEIT ITEMS Are cheaply and mass produced and claim to be the authentic product. Logos, trademarks, words, patterns, labels and images are copied and represented as real. Counterfeit products are illegal and banned at Wolff's Flea Market.

*Even if you say "This is not a real_______", it is illegal to sell.
*Even if you sell it for cheap, it is illegal to sell.
*Even if it is ugly, gross, broken, it is illegal to sell.
*Even if your customer still wants to buy it, it is illegal to sell.
*Even if you didn't know, it is illegal to sell.
*New or used, if it's fake you cannot sell it.

Example: Pictured is a counterfeit Monster Fox Racing t-shirt found at a street kiosk while on vacation. The shirt label indicates that it was made using a generic brand of t-shirt blanks. The neck tag reads "Made in China".  It is not licensed by Fox or Monster. There are no authentic licensed manufacturer's tags.





2. TRADEMARK DILUTION: Items bearing a "look alike" or otherwise CONFUSINGLY SIMILAR logo, design, pattern, etc. that resembles but does not exactly match the authentic version. It makes you think on first or second glance that you are being presented with an authentic product. Diluted products can often be easily spotted. At times, the concept of "CONFUSINGLY SIMILAR" can be subject to non-measurable, subjective opinion. However many court cases have been won over "Trademark Dilution". We reserve the right to forbid items we deem to be trademark dilution. We apply this concept to merchandise in all categories: clothing, electronics, purses, etc.

Examples: Diluted logos found in other places during my secret shopper outings. You may think these diluted logos are humorous, but there is nothing funny about it to us!

Images are for discussion and educational purposes only.


THESE SOCKS ARE "QUICK-LOOK FAKES" AND DO NOT BEAR THE AUTHENTIC NIKE SWISH

ALTHOUGH THESE "G STYLE" PURSES DO NOT CLAIM TO BE THE GUESS BRAND,
THE G PATTERN IS CONFUSINGLY SIMILAR AND WE DO NOT ALLOW IT


ALTHOUGH THE MW PATTERN IS NOT CLAIMING TO BE MICHAEL KORS, THE OVERALL DESIGN, COLOR SCHEME AND REPRESENTATION IS INITIALLY CONFUSINGLY SIMILAR.
WE DO NOT ALLOW THIS TO BE SOLD.

LOOK CLOSELY, THESE ARE NOT ADIDAS SOCKS. 
MISSPELLING OR PURPOSEFUL MISREPRESENTATION?




No comments:

Post a Comment

Note: Only a member of this blog may post a comment.