Counterfeit or just poor title?

Cuilean

I'm a phone geek, and I love Spigen's Neo Hybrid phone cases. They sell on Amazon for anywhere between £15-£20, and eBay for £7 upwards. Spigen have trademarked the name "Neo Hybrid".

In a momentary lapse of concentration, I bought what I thought was a Spigen Neo Hybrid case on eBay without looking at the pictures for the telltale signs of it being a copycat. It was listed as "Ultra Thin Neo Hybrid". No mention of Spigen. The cheap price alone should have been a warning, and I'm kicking myself for being so gullible. It arrived today, and sure enough, it's a cheap copy which doesn't even fit the phone properly. It was only £1.99, so it's probably not even worth sending it back.

Can I report it as a counterfeit since it's using Spigen's trademarked name of "Neo Hybrid", or do I just chalk this one up to experience and continue kicking myself?

mrcol1000

I'd open a not as described case based on the fact it doesn't fit the phone. Counterfeit items are hard to prove.

Flyonthewall

If it were a counterfeit one I imagine it'd say Spigen on it or something similar to catch people out.

They may have added neo hybrid to the title so their cases come up when people are searching for Spigen cases. However, it's also quite possible they don't have a clue it's trademarked and think it's just a general description for that type of case.

It'd be hard, if not impossible, to prove the case is a counterfeit as it appears to be a misleading/badly worded listing rather than anything on the item itself unless they've copied (almost) exact designs of the originals. A quick search seems to show the cases are pretty plain though so nothing much to copy if that's the case for all/most.

As above, you could open a not as described case.

bingo_bango

Cuilean wrote: »

I'm a phone geek, and I love Spigen's Neo Hybrid phone cases. They sell on Amazon for anywhere between £15-£20, and eBay for £7 upwards. Spigen have trademarked the name "Neo Hybrid".



Can I report it as a counterfeit since it's using Spigen's trademarked name of "Neo Hybrid", or do I just chalk this one up to experience and continue kicking myself?

No they haven't. 'Spigen' is trademarked, but 'Neo Hybrid' isn't. Obviously not going to help you with your SNAD case (although I'd go with the doesn't fit scenario as others have said).

It does however mean that it can't be reported as counterfeit.

Cuilean

bingo_bango wrote: »

No they haven't. 'Spigen' is trademarked, but 'Neo Hybrid' isn't. Obviously not going to help you with your SNAD case (although I'd go with the doesn't fit scenario as others have said).

Hrm, maybe I misunderstood the law. They've registered it in the US. Guess that doesn't apply in the UK?
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:d7oxk3.2.1

So, SNAD it is. If I open an SNAD, am I liable for postage if it goes in my favour? I've never dealt with SNAD before.

Flyonthewall

Cuilean wrote: »

Hrm, maybe I misunderstood the law. They've registered it in the US. Guess that doesn't apply in the UK?
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:d7oxk3.2.1

So, SNAD it is. If I open an SNAD, am I liable for postage if it goes in my favour? I've never dealt with SNAD before.

No, seller should pay postage.

bingo_bango

Cuilean wrote: »

Hrm, maybe I misunderstood the law. They've registered it in the US. Guess that doesn't apply in the UK?
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:d7oxk3.2.1

So, SNAD it is. If I open an SNAD, am I liable for postage if it goes in my favour? I've never dealt with SNAD before.

Not really a misunderstanding, as it depends on where their market is. The US registration is only technically valid there. For it to have worldwide effect, it would also need to be registered with WIPO, which it isn't.

I do find that a little strange, as they have the Spigen mark registered with WIPO, so why not any others they own? May have been a cost issue, or that particular phone case might only have been intended for the US domestic market initially.

They may still be able to pursue a civil case in the UK for passing off, and that doesn't require TM registration in the UK (or with WIPO or anyone else for that matter). It might get you a little bonus if you contact them to let them know. The contact details will be on the IPO.gov.uk copy of the Spigen TM certificate.