prowla

I quoted you the example of someone who bought it thinking it was a Fender, because it had a Fender logo.

Agreed, so why's it got a Fender logo?

What trademark is that infringing?

You keep saying there hasn't been an instance, so I keep quoting you the same instance; at the point in time he bought it, the person thought it was a Fender.

But a bit heavy, sometimes.

Someone on this thread bought a Limelight thinking it was a Fender.

It means you have to count them, one-by-one.

That seems reasonable to me; as I previously acknowledged, the existing rules seem to cover it (and I had only read the abridged ones). TBH, the workload of this thread may have been greater than that of handling the 1% fake Fenders. I've learned some things as a result of this thread, so it's been enlightening.

Ah - the english word "deception", as opposed to the precise legal term "deception". Now, in law, I think that (and correct me if I am wrong) that a deception is defined as representing something as true whilst knowing that it is in fact untrue. On that point, it would appear that the tactic of saying "the item I am selling you is an illegal fake" would absolve them of the charge of deception. The other aspect is presenting a headline declaring an item to be some brand "For sale ACME unit xxxx" and then in the detail revealing that it is not "This is a WIDGETCO yyyy". Is that a deception, or is declaring it as a fake at any point a get-out? Regardless of the above, the item itself is still a fake. Which infringes trademark & copyright law.

And I wish they would - they have a reputation as decent quality kit.

But they'll still sell it with that illegal fake unauthorised logo and that's OK then?

I think that the mods earlier stated that if the logo was applied at the factory (or licensed location) then it is kosher.

As pointed out earlier, I linked the trademark law. Are you saying that it is OK to knowingly sell an item which has a false and unauthorised trademarked log on it? Using your clear knowledge of the law, can you please point me at the written legislation and/or case law which states that?

Do you think it is OK to knowingly sell items falsely bearing other companies trademarked logos?

That explains the shift to theft over trademark law.

Do you think that is is OK to falsely use another company's brand when selling something?

Yes it is, as I explained. You are trying to have a different argument (ie. quoting the theft act to support a spurious argument).

Thanks for your support!

I'm nearly ready for another fry-up!

The existence of the fake logo itself is a deception; saying it is a fake doesn't get around that.

The fact that they have the logo is a deception and is illegal. The fact that they have Fender in the title but are not is a deception, regardless of the subsequent description. Simple answer is to just not use that company's brand.

I only went back through this month's bass sales and found a number of items bearing false logos and Fender in their titles.

But it is still illegal.

You are picking which laws (and rules) you wish to apply. Links to counterfeit/trademark law have already been provided, along with links to site rules covering copyright/trademark.

Well, one the one hand, who said I did? And on the other hand, if the mods stance is that they will react to reported infringements, then isn't that a requirement?