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Eric Coffey Eric Coffey is offline
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Join Date: Nov 2000
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Quote:
Originally Posted by stomachmonkey View Post
That's the thing about legality. Sometimes it just seems obvious what something SHOULD be but the reality is you can't rely on obvious.

https://mic.com/articles/184485/whats-the-real-difference-between-knockoff-and-counterfeit#.V8UjeoOo7

https://wwd.com/business-news/retail/counterfeit-knockoff-replica-legal-10437109/
I hear what you are saying. The waters are a bit muddy as there are different terms used to describe products that closely resemble the original/genuine article, but do not bear the original/genuine article's trademark/logo/branding. You can call them knock-offs, replicas, homage/tribute pieces, whatever. Those typically get a pass, but can still fall under the "counterfeit" umbrella, if the resemblance is so close as so cause consumer confusion and/or trademark dilution. However, if something has a trademarked logo and was not produced or licensed from the trademark holder (as is the case with the OP's Monaco), then it's a slam-dunk, indisputable, trademark-infringing, counterfeit.

The Lanham Act covers most of it, and is codified by the following:

[USC10] 15 USC 1124: Importation of goods bearing infringing marks or names forbidden

[USC04] 15 USC 1125: False designations of origin, false descriptions, and dilution forbidden

[USC04] 18 USC 2320: Trafficking in counterfeit goods or services

[USC07] 19 USC 1526: Merchandise bearing American trade-mark
Old 08-09-2018, 06:07 PM
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