Is selling copy/fake/counterfeit/replica goods legal?

prowla

Zinger549 said:

Sandtree said:

Zinger549 said:

It doesn't mention Fender in the description but you can clearly see the logo in some of the pics.

So you didn't see the...

Period correct 1957 Fender Precision logo (added later)

I must have missed that. It doesn't say Fender in the title. It's a custom guitar made to look like a vintage Fender. They don't seem to be suggesting it's genuine. Fender could take action. If it went to court they judge would need to decide if they were trying to pass them off as the the real deal. If not would people know that buy looking at the description.

(Sorry I've not been back to this thread for a couple of weeks...)

My question was does the logo make it illegal to sell it per-se (and is it a counterfeit), regardless of whether Fender choose to take action?

Or does saying it's a copy/replica (with a logo applied), so everybody knows, make it all above-board and legal.

Zinger549

It's not made by Fender or under licence so I would guess so.

prowla

Zinger549 said:

It's not made by Fender or under licence so I would guess so.

That's what i think - it is subject to the Trademarks Act 1994 (https://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.

and

(3B)Where the risk exists that the packaging, labels, tags, security or authenticity features or devices, or any other means to which the trade mark is affixed could be used in relation to goods or services and that use would constitute an infringement of the rights of the proprietor of the trade mark, a person infringes a registered trade mark if the person carries out in the course of trade any of the following acts—

(a)affixing a sign identical with, or similar to, the trade mark on packaging, labels, tags, security or authenticity features or devices, or any other means to which the mark may be affixed; or

(b)offering or placing on the market, or stocking for those purposes, or importing or exporting, packaging, labels, tags, security or authenticity features or devices, or any other means to which the mark is affixed.]

In the real-world, however, I think that someone would need to instigate actions for anything to come of it that would typically be the trademark owner (ie. Fender), HMRC (typically only active on imports of items), an aggrieved buyer (but they've presumably made the conscious decision to buy in the know), Consumer Standards (but they're generally interested in protecting the public at large rather than itty-bitty transgressions), or some other individual or group trying to make a point.

So, for small volume & individual sales with full disclosure, there seems little likelihood of any outcome as such.

However, in the context of this thread, I'm just interested in itself in the statement of fact that it is illegal.

user1977

prowla said:

However, in the context of this thread, I'm just interested in itself in the statement of fact that it is illegal.

It depends what one means by "illegal" (one of those terms which tends to be used rather loosely), but obviously it is unlawful in the sense of being potentially actionable by (at least) the trademark holder.