topic Re: Counterfeit items and copyright infringement in Selling

Counterfeit items and copyright infringement

foreverdumb — Thu, 25 Oct 2012 00:28:35 GMT

I have a seller in my category that is selling the top brand named items but they are I presume counterfeit for a number of reasons. The items have the brand names on them but some of the logos and brand names are digitally altered so it looks foggy over the name but some logos and names on the items are still visible.

My question is if the actual item being sold has the logos and brand names on them but the seller is not using the brand name in the description and the images are only blurred out on some logos and brand names that is still not allowed I would presume, that is if the items are not made by the brand.

As parallel importation of genuine brand name items is legal in Australia why would the seller be doing it?

They are a Top Rated Seller located in Australia.

Any educated responses would be appreciated.

Re: Counterfeit items and copyright infringement

lyndal1838 — Thu, 25 Oct 2012 01:13:32 GMT

Can you post the full title of one of the items in question please?

Re: Counterfeit items and copyright infringement

patchoo78 — Thu, 25 Oct 2012 03:12:42 GMT

Parallel imports usually refers to things like Chocolates and Toothpaste etc that are made overseas in (for example) the Colgate or Cadbury's Factories. It's the same brand name, just made overseas, therefore cheaper to sell which is why you find them in Cheap shops.

Sale and importation of counterfeit goods such as Louis Vuitton, Chanel, Prada etc is Illegal and you can end up in hot water if the police find out..

Re: Counterfeit items and copyright infringement

foreverdumb — Thu, 25 Oct 2012 03:26:47 GMT

New 7TS58 Yellow 27Inch

I suppose it could be a way of selling into markets that don't allow parallel imports but if only the images are digitally adjusted and the product is the name brand then that would not matter.

Re: Counterfeit items and copyright infringement

kopenhagen5 — Thu, 25 Oct 2012 04:15:15 GMT

A couple of thoughts come to mind.

Could be legit.

Or they could be selling an OM product without the logo's. (Buying from same company that makes them for the name branded company)

Or they could be selling a cheap very similar looking item and using some stock shots taken from google. In other words you get something completely inferior that looks the same. (Common with Chinese items).

Or they are selling the known brand items, but do not have permission to.

Re: Counterfeit items and copyright infringement

lyndal1838 — Thu, 25 Oct 2012 05:05:26 GMT

That is a hard one to call. The listing is definitely in Chinglish and although the items are supposed to be in Sydney there is a disclaimer that they may come from overseas if there is no stock in the local warehouse.

This usually means that you will get the item from overseas.

And do you really want to buy an unstrung tennis racquet?

Re: Counterfeit items and copyright infringement

gerard0408 — Thu, 25 Oct 2012 06:58:21 GMT

happy to have dumped ebay

Re: Counterfeit items and copyright infringement

Anonymous — Thu, 25 Oct 2012 07:40:23 GMT

Prince rings a bell from the days when I could actually play tennis. Not sure you could nail the seller apart from a direct report to the manufacturer. He has slipped in the main body of the listing to reveal the brand name.

For all you know ( in these times ) it could be the manufacturer direct selling & trying not to get his regular customers off side.

Re: Counterfeit items and copyright infringement

i-once-was-bump — Thu, 25 Oct 2012 09:11:54 GMT

And do you really want to buy an unstrung tennis racquet?

Lyndal I have bought a few racquets in my past life as a local comp player and they were all unstrung.

You actually get them strung to your requirements at the time of purchase.

eg I could not afford to keep a racquet strung with natural gut yet others would want natural gut in a new racquet thus the reason they are purchased unstrung.

Prince were a mid price large head, large sweet spot racquet and I am sure they are still available today.

Re: Counterfeit items and copyright infringement

Anonymous — Thu, 25 Oct 2012 09:30:40 GMT

Bump...I mentioned 'Prince' because that is the obscured

brand name on the raquet OP is concerned about.

Re: Counterfeit items and copyright infringement

the_racquet_liquidator — Thu, 25 Oct 2012 10:53:58 GMT

Prince is probably 3rd or 4th biggest manufacturer in the world. Nearly all the manufacturers write into contracts that no ebay sales are allowed.

In Canada and the UK it is not legal for them to do, so they are the main sellers of genuine tennis items on ebay. No manufacturer wants their product sold on ebay as it drives down prices away from the RRP.

From early next year Adidas is banning all its authorised sellers from selling on ebay an Amazon.

The prices of the racquets are double real value as well.

As for fake or not it is very difficult to tell from the images. Usually the top player models are faked and look like the real thing but are wrong length, weight and balance. They also have the little tag attached to the frame. Possibly is buying retail/wholesale in China.

But why no reference to the brand and why alter the images?

Just read all the feedback - questions answered I think - or can a leopard change his spots?

Re: Counterfeit items and copyright infringement

lisakpatton — Fri, 26 Oct 2012 20:10:53 GMT

Why should it bother you? Others have a right to sell. If they are cheaper than what you offer then lower your prices.

Re: Counterfeit items and copyright infringement

putney32 — Fri, 26 Oct 2012 20:14:00 GMT

Why should it bother you? Others have a right to sell. If they are cheaper than what you offer then lower your prices.

but here in Australia we do have laws about the importation of copyright infringement items

fakes and counterfeit are frowned upon by the authorities.

Re: Counterfeit items and copyright infringement

lisakpatton — Fri, 26 Oct 2012 20:36:26 GMT

I know they are frowned upon, but you still have to ask yourself why do you really care? Is it worth it? I know I could care less what other people do and I always wonder why there are people that it bothers. You also don't even know for sure if the items are counterfeit, so just let it go.

Re: Counterfeit items and copyright infringement

the_racquet_liquidator — Sat, 27 Oct 2012 01:51:47 GMT

Looking at their listings they are double my prices so no problem there.

It is illegal to import and sell if it is counterfeit.

Not sure if true but on a handbag guide to fakes on ebay.com.au I read it is illegal to send fake items in the mail.

And the biggest problem is it effects the whole category. It looks suspect and dodgy and HERE I GO "effects the buyer experience". Quote courtesy of ebay's reasoning for all seller price hikes.

I have visited many tennis shops and a lot say to customers that all racquets on ebay are fake and some have examples of it. I presume many consumer goods sold on ebay face the same problems and ebay don't care until it hits a court and makes them look bad.

I think it is time for the ebay community to take action and do the job ebay will not.

Category moderators made up of people you actually look at listings and have knowledge of the products. How can ebay's developing world staff tell the difference between Louis Vuitton and fake LV? Obvioulsy it will never happen unless ebay can charge a fee to sellers to be moderators and it adds up to some very decent dosh and grow the GMV.

Re: Counterfeit items and copyright infringement

digital*ghost — Sat, 27 Oct 2012 02:01:50 GMT

I know I could care less what other people do and I always wonder why there are people that it bothers.

If you don't care about what other people do, surely that extends to people caring about things you don't and/or doing something about it? ?:|

Re: Counterfeit items and copyright infringement

animecat2 — Sat, 27 Oct 2012 04:19:04 GMT

A little OT but not worthy of a separate post- but my local OP Shop has new counterfeit handbags and wallets for sale that the manager herself bought online in bulk.

Do I say something , or do I pretend not to care ?:|

Re: Counterfeit items and copyright infringement

licoricebabyandfabmama — Sat, 27 Oct 2012 04:30:51 GMT

Personally i think if you are totally upfront that what you are selling is in fact fake i have no problem with it. What upsets me is when there is nothing to indicate that what you are buying is not the real deal. Or when they use selling points that relate to the "real" label, such as worn by celebrities or pictured in such and such magazine. If you are going to sell a fake admit its a fake and show pictures of the actual item so that a buyer can actually see what they are getting.

Re: Counterfeit items and copyright infringement

patchoo78 — Sat, 27 Oct 2012 04:53:16 GMT

Personally i think if you are totally upfront that what you are selling is in fact fake i have no problem with it.

So by the same token, you don't care about theft? That is what it is, theft of Intellectual Property.

Contact Louis Vuitton and see if they will allow you to sell fake LV gear as long as the buyer knows it's fake.. I'm sure they won't agree with you and you might end up with police knocking at your door

Do I say something , or do I pretend not to care

It is up to you in the end, but you would be well within your right to report her to the police for importation of illegal goods.

She is buying the goods knowing they're fake.. Which is actually worse as she knows she is doing the wrong thing and doesn't care.

Is the Op Shop charity run? That just takes the cake if it is, not only is she supporting the importation of illegal goods, she is supporting sweat shops which is actually contradictory to what most Charities stand for..

Re: Counterfeit items and copyright infringement

Anonymous — Sat, 27 Oct 2012 04:55:24 GMT

'SwaddleMe by Kiddopotamus'

These items are exact copies of the leading.

As good as the original but at a fraction of the price

here only $14.95

Are you sure it wouldn't bother you licorice ?