Jump to content
Why become a member? ×

timmo

Member
  • Posts

    1,621
  • Joined

  • Last visited

Posts posted by timmo

  1. 1 minute ago, prowla said:

    It is a question challenging a strawman; people do build strawmen just to give themselves something to argue against.

    The fact is that that it is the act of selling a fake logo'd instrument which is against the law and whether it was done having disclosed it or not is irrelevant.

    Ahh. Hiding behind the question. I got ya

  2. 2 minutes ago, prowla said:

    I've quoted you an instance where someone bought one, but you don't seem to want to accept that.

    As for the instances of attempted deceit, I can't say.

    But it's irrelevant anyway, as the above shows, it's the act of selling the item which is there in black and white.

    I don't know why you keep on banging on about the same question, which you seem to think somehow trumps the law itself.

    That is because he constantly asks you where someone has sold a dud knowingly on here, but you keep going on about the mistake.. why don't you answer it.

  3. 1 minute ago, prowla said:

    As far as the law goes, whether there is a disclaimer is irrelevant; the law states:

    • A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor—

      (a)applies to goods or their packaging a sign identical to, or likely to be mistaken for, a registered trade mark, or

      (b)sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the packaging of which bears, such a sign, or

      (c)has in his possession, custody or control in the course of a business any such goods with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b).

    It doesn't matter whether they presented it as the genuine article or not; the simple fact that it carries a trademarked logo is what the law covers.

    The penalty is:

    • A person guilty of an offence under this section is liable—

      (a)on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;

      (b)on conviction on indictment to a fine or imprisonment for a term not exceeding ten years, or both.

    Constantly challenging for an instance where a person has sought to sell an item pretending that it was something else is a red herring (oh lawd - another fish!); the issue is in selling the item itself.

    It is against the law to drive without removing all the snow off the cars roof. A lot of people do though

  4. 1 minute ago, Dad3353 said:

    Another solution, folks. As it's only the logo that's the issue, how about banning photos of these from the Marketplace..? Sell away, post your pics, but never of any trademarked material. Free-for-all description (that's not illegal, as long as it's truthful...) but no headstock shots. Happy with that, y'all..?

    I was happy with the way it was yesterday. I find it hard to beleive someone is getting all pious about it

    • Like 1
  5. 1 minute ago, prowla said:

    But it is still illegal.

    I understand what you are saying about fakes being illegal. You were implying that people were out to deceive, even though it is clearly written on the description that it is not a genuine Fender. You are clearly arguing about different things. The Rolex example is a clear fake and attempt to deceive. If you tell the person it is fake, you are not deceiving.

  6. Just now, prowla said:

    It is still a fake even if you say so.

    "Come and get yer genuine fake Rolex watches, Gucci handbags - roll up, roll up!".

    There you  go. You have just made the distinction clear. If you are selling fake Rolex watches and telling people that it is genuine, that is deceit. Having a Rolex , and telling you it is a fake, is not deceit

  7. 10 minutes ago, prowla said:

    The issue is about deceit, you are right, and selling an instrument with a fake logo on it is deceit.

    You are the one who is acting like a control freak, wanting to define your own set of rules which somehow trump the site rules and the law of the land. Luckily you don't define either, and furtunately never will.

    Why would you want to deceive people , but tell people .  Surely you are only deceiving if you tell someone it is genuine?

     

  8. 6 minutes ago, prowla said:

    Each of them has a Fender logo on it - which ones would you say are genuine Fenders?

    None, as they are all declared. I read the description provided by the seller. They have made it perfectly clear. The Jazz/ Mike Lull has clearly stated that it is a Warmoth neck with other bits that are not original. I agree with you if he said it was a genuine Fender all throughout the bass, but he hasn`t deceived me in any way.

  9. 3 minutes ago, prowla said:

    Here are some examples of Fender logo'd instruments from this month's bass classifieds:

     

     

     

     

    I may have missed some for December and I didn't go back further.

     

     

    Which one of those have you been deceived by? The one that was a mistake did have Limelight written on the heading and the serial number clearly on the headstock. Are you wanting every bass that is not in original condition stopped? If you have the original neck and body, but reworked the electrics, then declare it on the sales pitch, are you unhappy about it as it is not original?

  10. 9 minutes ago, Bassassin said:

    Ebay take down "counterfeits" when reported/spotted. Why? They don't want to be involved in litigation from brand & copyright owners, and they can be very anal/absolutist about this. Trust me, it's really tricky to sell a 70s MIJ copy of a Gibson LP (without a fake logo!) when you can't say what it's a copy of!

    I don't know specifically about Fender but a lot of manufacturers (RIC is one) take individual complaints very seriously, in order to protect their brand reputation.

    They do, that is true, but lots slip through the net. All this site have to do is do the same as Ebay and take it down when they find out.

  11. 11 minutes ago, Bassassin said:

    Yes - probably. But suppose that member had got angry about it and reported BC to FMIC's UK operation for allowing the sale of counterfeits. Might well result in a C&D letter.

     

    I very much doubt it. Ebay have been doing it for years. Maybe if it was prolific, but one incident is unlikely to even register anywhere

  12. I can`t see what can be done  by the admins . The Limelight seems to be a case of mistaken identity, but sorted out when it came to light. The Ebay one has no jurisdiction on this forum.If people do sell good fakes, how do they know? I doubt the mods would know every bass, and year of the differences. Do they need to go on a topic and find the experts to verify if it is genuine before they are put up for sale? I suspect the moderator doesn`t know every bass and every different years of manufacture. There are lots of good people on here that know the basses inside out and will soon pipe up. I don`t see it as a major problem. It is policed by the mods, then the general members

     

  13. To be fair to fakes getting resold further down the chain, lots of people on this forum peruse Ebay and Gumtree amongst others. They soon spot a fake and call it out to us and ebay. If Ebay has been informed, which happens, and they do nothing, then there is not a lot that one can do.

  14. On 12/22/2017 at 19:49, BassAgent said:

    I honestly don't know those guys. Should I be embarrassed?

    The only reason I knew who they were is because Danny Bose, who is the vocalist, does a slot on Planet Rock. I did buy the greatest hits on the strength of that, and they are actually very good in my opinion.

  15. I am sure he will be very good. I haven`t seen a bad performer on there yet. I did notice he had a music stand on the clip though :p. I have just bought my ticket, so will find out more about him if he is there on Saturday

    • Like 1
    • Haha 1
×
×
  • Create New...