Can I sell fake GHDs just as straightners - no brand?

Dizzie77

regardless of whether OP erases the logo, she already KNOWS that they are fake.

The law is quite clear - you cannot sell fakes in this country - whether you know they are fakes or not (several charity shops getting into bother for selling fake designer clothes/bags etc)

DrScotsman

Dizzie77 wrote: »

regardless of whether OP erases the logo, she already KNOWS that they are fake.

The law is quite clear - you cannot sell fakes in this country - whether you know they are fakes or not (several charity shops getting into bother for selling fake designer clothes/bags etc)

If the law is quite clear, where is your citation?

I'm going to assume the relevant legislation is the Trade Marks Act 1994, as I've failed to find anything else relevant and no one else is delivering.

http://www.legislation.gov.uk/ukpga/1994/26/section/10

10 Infringement of registered trade mark.

(1)A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.

(4)For the purposes of this section a person uses a sign if, in particular, he—
(a)affixes it to goods or the packaging thereof;
(b)offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign;
(c)imports or exports goods under the sign; or
(d)uses the sign on business papers or in advertising.

Sounds to me that if you removed the logo none of these would apply.

Your turn, which is the clear law you were referring to?

Dizzie77

It used to be covered by the trade descriptions act - now covered by Consumer Protection from Unfair Trading Regulations.

Feel free to contact your local Trading Standards office for further clarification.

DrScotsman

I'm familiar with the Consumer Protection from Unfair Trading Regulations. The OP is not a business, and hence is unable to commit any of the offences in the act as it isn't possible for her to do any "commercial practice", let alone an "unfair commercial practice".

You were saying?

Dizzie77

Like I said - contact your local TS for further clarification.

DrScotsman

No evidence then, thought not. Confused as to how you could possibly say "the law is quite clear" when apparently it needs to be deciphered by trading standards, but ah well.

liam8282

Maybe give them to a friend, who might give you something in return? £?

Also, make sure you tell them your tale about them being fakes.

rrf494g

It's clearly unlawful/immoral to sell fakes as "the real thing". BUT

as long as they are accurately described and are labelled as such then there is nothing wrong in selling the fakes. Many paintings by famous forgers are now changing hands (legally) at high prices (but no-where near the price of originals). I happen to be interested in old cameras, and Russian copies of Leica cameras are often sold on Ebay as "Russian leica copies" (check it out). (many are good cameras).

If I were to sell the hair straighteners on Ebay I would clearly say they are fake copies of a "well known brand" - and I would label them as such, and photograph with label on. I would also remove the logo from the item so that there could be no possibility of confusion. (or legal problem over the "mark").

As for the safety aspect - if you have used them and they work - I can not see any moral problem in allowing the buyer to decide what they are worth in an Ebay auction. I presume you would sell them sold-as-seen without a guarantee. All electrical items are subject to possible breakdown. My daughters genuine GHD straighteners broke down some time ago, I seem to remember. A buyer could have them tested if they wished to (as all electrical equipment used in the course of business is tested I think).

I have bought russian leica copies as "interesting" cameras that are simply collectors items - in the full knowledge of what I'm buying. I don't want do-gooders telling the sellers that they shouldn't sell them to me.

*Scottish*Lass*

Hi there, thanks for all the responses, I seem to have opened a right can of worms!! lol

I am definitely not selling the fakes - they are going to stay in the wardrobe and be used as a spare pair for myself and anyone else who needs them. However, I'm going to sell my old faulty ones (as faulty! lol) and get some pennies for them instead to go towards the money I've spent. I had a look on ebay today at completed listings and they go for approx. £20, so that's £20 more than I have right now!

Again, thank you for all the responses, it's been interesting to see how different people's reactions have been to the question.

mynameisdave

http://uk.news.yahoo.com/21/20100910/tuk-warning-over-fake-straighteners-6323e80.html

Don't use them for yourself, don't sell them. Bin Em! Why take the chance.