What to do with about fake TDF kit - Company I work for TDF team kit

['Dale]

Personally, as a mountain biker I loath at the idea of too many names on my clothes, other that the manufacturer, [cough, vermark] of course. But the idea of fake anything gets under my skin and irritates the crud out of me.

 

Go plain, and use the "KISS' principle- keep it simple, stupid

Ambush marketing!!!

 

Moderators, please intervene...

[jatho]

if you look closely at these "replica" kits, they're actually not exactly the same as the real team kits or the genuine licensed replica's so I think you'd look like a twat riding in one of the fakes to be honest and anyone with a keen eye will probably notice that its a fake kit, if this doesnt bother you then buy a fake kit, I'd personally prefer to buy the original albeit more expensive, just seems like the right thing to do.

 

At the end of the day its like buying fake DVD's from the side of the road IMO.

[slowpoke]

"Fraud is an intentional deception made for personal gain or to damage another individual". Fake/unauthorised replica kit is made with intent to make personal gain at the expense of the original or authorised dealers losing out on that income.

[TNT1]

"Fraud is an intentional deception made for personal gain or to damage another individual". Fake/unauthorised replica kit is made with intent to make personal gain at the expense of the original or authorised dealers losing out on that income.

 

And like I said, you don't have the license agreement in front of you, so calling it fraud point blank is wrong. Maybe it is, but to be categorical without the facts is wrong.

[jatho]

And like I said, you don't have the license agreement in front of you, so calling it fraud point blank is wrong. Maybe it is, but to be categorical without the facts is wrong.

 

I think if these kits were being manufactured under license, they'd be exact copies which they aren't so I think its fairly safe to assume they're fakes.

[mark ellis]

It was the licensing part that I was concerned with....but have decided far to many real problems in the world to worry about so am retracting this rant

[TNT1]

It was the licensing part that I was concerned with....but have decided far to many real problems in the world to worry about so am retracting this rant

 

[Johan Bornman]

It was the licensing part that I was concerned with....but have decided far to many real problems in the world to worry about so am retracting this rant

You can't retract a rant, I'm sure it is in the rules somewhere.

 

In order to lay a charge against those making, distributing or selling goods, you need to prove that you are the owner of the IP behind the stuff.

 

In other words, I cannot now go and lay a charge against those okes selling fake CDs next to the road. The charge must be laid by whoever owns the rights to the movie, music, etc.

 

Even in the case where the owner of the IP may have a subsidiary in South Africa, that entity isn't automatically the owner of the IP and special ceding and whatnott has to happen.

 

However, nothing stops you from sending a cease and desist letter. It is the legal equivalent of "fokkof and die". You can also demand that they hand over all of the stuff to you for destruction. You could even just get them to hand it over if you promise not to take it furhter.

 

I have used this quite successfully on two occasions. It usually scares the hell out of the perpretrators and they just comply without bothering to check your bona fides properly.

 

Get a large sherrif to do the handing over of the letter.

[CAAD4]

Mark I admire your loyalty. Are Sunguard in it for brand exposure or to sell genuine kit from the team site? There's even a chance that some Marketing Manager might get a stiffie if he sees his brand leading the World Funride champs in a local cycling magazine, and not even notice that it might be Coolmax padding in the shorts instead of Nalini, MOA or whatever the TDF team uses. You are right, there are bigger problems in the world, like "World Peace" as the beauty queen said.

[Bianchisti]

Counterfate goods is becoming so big its just insane. There's a chiness lady coming around here weekly with fake dvd's. She's already got the new Bond movie. Its not only the Chinese anymore although most of it still originate there.

 

In Istanbul the other day, guys selling fake designer handbags emphasized the point that the bags did not come from China. Their own was supposedly much better quality than the chinese stuff. Something the missus confirmed. Apparently Louis Vuitton in Paris refuse to let chinese ppl into their store.

 

I saw some fake Iphones and Ipads and I cant tell the difference. Clearly the chinese authorities couldnt be bothered to stop this. It will be interesting to see how Europe and the US "eventually" react to this in light of economic clout shifting towards Asia. The market for fake goods is becoming bigger than that for the real thing. And its all increasing China's exports.

 

The way fake goods are now available on-line is just crazy.

Edited November 5, 2011 by TMobile

[The_Break]

People don't know the difference between replica and copy.

 

Only those fortunate enough to have worn the real thing will know the difference cause there is a big difference in the actual feel and fit.

[The_Break]

You can't retract a rant, I'm sure it is in the rules somewhere.

 

In order to lay a charge against those making, distributing or selling goods, you need to prove that you are the owner of the IP behind the stuff.

 

In other words, I cannot now go and lay a charge against those okes selling fake CDs next to the road. The charge must be laid by whoever owns the rights to the movie, music, etc.

 

Even in the case where the owner of the IP may have a subsidiary in South Africa, that entity isn't automatically the owner of the IP and special ceding and whatnott has to happen.

 

However, nothing stops you from sending a cease and desist letter. It is the legal equivalent of "fokkof and die". You can also demand that they hand over all of the stuff to you for destruction. You could even just get them to hand it over if you promise not to take it furhter.

 

I have used this quite successfully on two occasions. It usually scares the hell out of the perpretrators and they just comply without bothering to check your bona fides properly.

 

Get a large sherrif to do the handing over of the letter.

 

Then there is the question: Does the original equipment manufacturer (OEM) have trademark, IP, etc on his product and if he does, does he specifically have it in South Africa. If not, it is not illegal to make, sell, distribute the products in South Africa. For it to be illegal he needs to have filed IP, trademark applications sucessfully in SA. And then he needs to ask himself the question, is the few rand he is getting/losing for the 100 or so guys who will buy this kit in SA worth the R300--R5000 / hour that he will pay a patent attorney to procecute?

 

I think not, in actual fact that is probably the exact reason that Chinese goods will keep on the market and in all fairness, if it is not "illegal" in SA and China then there they are not doing anything wrong. Doesn't mean it is ethical though, but poor ethics are not going to win a case in court.

[Zac.A]

Counterfate goods is becoming so big its just insane. There's a chiness lady coming around here weekly with fake dvd's. She's already got the new Bond movie. Its not only the Chinese anymore although most of it still originate there.

 

In Istanbul the other day, guys selling fake designer handbags emphasized the point that the bags did not come from China. Their own was supposedly much better quality than the chinese stuff. Something the missus confirmed. Apparently Louis Vuitton in Paris refuse to let chinese ppl into their store.

 

I saw some fake Iphones and Ipads and I cant tell the difference. Clearly the chinese authorities couldnt be bothered to stop this. It will be interesting to see how Europe and the US "eventually" react to this in light of economic clout shifting towards Asia. The market for fake goods is becoming bigger than that for the real thing. And its all increasing China's exports.

 

The way fake goods are now available on-line is just crazy.

 

The father of a friend of mine was in China last year for business, and they are extremely wealthy, but the father doesn't particularly like spending money on necessary things...

Anyhow, he came back from China with a "phone" (as in IPhone without the I) and a "mokia" the Phone for him and the mokia for my friend.

We went to play tennis later and his phone dropped out of his pocket and shattered... like literally into 30pieces

It was funny, but it pays to buy quality.

[Lucky Luke.]

If you buy and wear branded team kit and you are not actually on the team you are basically paying to render services as a human billboard. So to the guys selling replica kit to wannabe euro pro's - knock yourselves out I say, I hope you make a pile of cash out of these numbnuts. To the sponsors, you should be sending these chinese okes a thank you letter for creating a whole new batch of billboards to further your marketing aims.

[Zac.A]

If you buy and wear branded team kit and you are not actually on the team you are basically paying to render services as a human billboard. So to the guys selling replica kit to wannabe euro pro's - knock yourselves out I say, I hope you make a pile of cash out of these numbnuts. To the sponsors, you should be sending these chinese okes a thank you letter for creating a whole new batch of billboards to further your marketing aims.

 

Well it does advertise for the companies that sponsor them.

But the manufacturer of the clothing will lose money as they are the only party selling things.

So for the companies that have their names branded on the shirts it advertising, but for the makers, they're losing big money.

[Dicky DQ]

Well it does advertise for the companies that sponsor them.

But the manufacturer of the clothing will lose money as they are the only party selling things.

So for the companies that have their names branded on the shirts it advertising, but for the makers, they're losing big money.

 

But the makers were only contracted to make a certain qty. So they are not loosing money, unless they were contracted to produce volumes for that particular market.

 

Still does not make it right.