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 is generic but should instead be of the brand name.  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?


Comments

Post a Comment

Popular posts from this blog

FIRST TIME VENDORS AT WOLFF'S FLEA MARKET - PLEASE READ

Image
WELCOME TO WOLFF’S FLEA MARKET 2024! CLICK HERE FOR VENDOR PRICING REFER BACK TO WOLFFS.COM FOR MORE INFO FIRST TIME & NEW VENDORS!   PLEASE READ! Created 8/7/17 - Updated 3/10/19, 4/19/19, 6/21/19, 2/19/2020, 3/3/2021, 2/26/22, 8/29/22, 4/4/23, 7/11/23, 1/8/2024, 3/7/2024 Yup, looks like another long read by Wolff's Flea Market...👀. Still have that coffee? Thanks for considering selling at one of Chicagoland’s best flea markets! Whether you are decluttering or starting a small business, we are here to support your endeavors! It's easy to get your seller space, and you will need to set your alarms ! No reservations required. Drive to west side of building around 4am *  stay in your car and staff will direct you to a space. You will park across the back of the space.  * NOTE : WE EXPERIENCED LARGE VENDOR CROWDS IN 2023. TO OBTAIN A FIRST-COME-FIRST SERVE SPACE WE RECOMMEND VENDORS ARRIVE  EARLIER THAN 4AM ON GOOD WEATHER DAYS. That's just how it e...
Read more

VENDOR TIPS FOR WOLFF'S FLEA MARKET

Seller's Rules & Tips wolffs.com   FACEBOOK & CRAIGSLIST We encourage our vendors to post their items on social media: facebook page, Buy, Sell, Trade Group  & craigslist. These listings are FREE!  We love this concept because buyers and sellers are able to meet in a neutral location at the market (must have a selling space-no parking lot sales). This also draws new customers to the entire market and helps everyone! Many vendors have had success with social media. Customers have come from as far as Iowa to purchase their items! For more advanced posters, please "tag" your photos & posts with #wolffsfleamarket and @wolffsfleamarket. If you don't know what this means, please disregard! EARLY CLOSE DAYS Occasionally the Rosemont market may need to close early due to a stadium event. We continue to have a steady customer flow on these days because we are an "early shopper market". The majority of shoppers attend before 11am. Don...
Read more

WATCH YOUR WEIGHTS

Image
C - Canopy Weights A - Are N - Not O - Optional P - Please Y - You need to be safe ! Vendors, this post is for you. With hot weather upon us, many of you will choose to bring a canopy to shield you and your merchandise from the sun. It is very important that when setting up your booth for the day that the first tasks you attend to are your CANOPY & UMBRELLA WEIGHTS. We understand you are eager to unpack your merchandise, but if you are using a canopy, the first priority is safety. Do not leave your weights in your vehicle "to set up later". You may get busy and forget. Wind and wind gusts are an inherent part of of being outside and can occur at any time. Early in the day, the air may seem calm, but being in a wide open space, wind gusts can occur. As the day progresses, air currents from overhead planes and other weather conditions can also cause windy conditions. Occasionally we may require canopies to be taken down due to weathe...
Read more