FS; Watches

[stomachmonkey]

Originally Posted by Tervuren

It depends on whether the original makes efforts to protect or not.

Shelby decided some time ago to clamp down on Cobra replica's that weren't licensed.

Did they clamp down on themselves for building new chassis and letting them sit out in the elements to get "patinad" so they could sell them as NOS that they intimated had been sitting is storage for a couple of decades?

[stomachmonkey]

Originally Posted by Eric Coffey

No, it's pretty clear. Bottom line: If a product carrying a company's trademarked logo/IP was not produced by that company, or under license/permission by that company (such as the Tag Monaco in the OP), it is counterfeit.
Selling (trafficking) counterfeit goods is illegal, even if it is disclosed that they are "replicas". The only grey area is that it's not illegal to buy counterfeit goods, as the buyer is seen as the "victim" in most cases.

No. See above.

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/

[Eric Coffey]

Originally Posted by stomachmonkey

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

[Eric Coffey]

Originally Posted by craigster59

There's even guys with pirated DVD's laid out on the sidewalk (some movies still showing in the theaters) and LAPD has foot patrol in the area. Those officers could give 2 shytes about what's going on.

Therein lies the problem. Most law enforcement agencies see it as a fairly low priority on the criminal-offense ladder. So, with little repercussion/enforcement it has become a huge problem in the grand scheme of things (as in, a half-trillion-dollar industry). That said, there have been several larger-scale counterfeiting rings/operations that have been taken down. Of course, that is typically under the purview of the feds and not beat cops.

I remember there were a couple ladies selling fake purses online a couple years back. They thought they were OK by disclosing that the purses were fake.
They were both convicted and served multiple-year prison sentences (along with many of their personal assets seized). Oops...