Members -Assy- Posted October 17, 2009 Members Share Posted October 17, 2009 http://washingtondc.craigslist.org/nva/msg/1425489660.html isnt it ILLEGAL to be selling this? i really want to inform the police of this guy. Link to comment Share on other sites More sharing options...
Members SmokenStack Posted October 17, 2009 Members Share Posted October 17, 2009 I'm not sure if it's illegal or not, but he does state that it's a "top of the line REPLICA." Im assuming he's not trying to pass this off as a Gibson. Link to comment Share on other sites More sharing options...
Members -Assy- Posted October 17, 2009 Author Members Share Posted October 17, 2009 that still doesnt evade the fact that he is SELLING CONTRABAND... right? Link to comment Share on other sites More sharing options...
Members catalinagooseV2 Posted October 17, 2009 Members Share Posted October 17, 2009 Replica is the new euphemism for counterfeit. Link to comment Share on other sites More sharing options...
Members newbuilder Posted October 17, 2009 Members Share Posted October 17, 2009 I wish I had some top of the line replica US dollars. Link to comment Share on other sites More sharing options...
Members D Carroll Posted October 17, 2009 Members Share Posted October 17, 2009 thats not illegal, he said replica. Link to comment Share on other sites More sharing options...
Members -Assy- Posted October 17, 2009 Author Members Share Posted October 17, 2009 it is still contraband, and he is selling it, that makes it illegal, regardless of what he advertises it as... im very positive it is illegal to bootleg dvds, then sell them as "bootlegged dvds", right? Link to comment Share on other sites More sharing options...
Members MikeSpitzer Posted October 17, 2009 Members Share Posted October 17, 2009 The answer is YES .. that is illegal. making low cost alternatives is allowed under 2 conditions ... 1) Any protected trademark shapes or styles are not duplicated Exactly.The reason you see AGILE and others (such as my company) able to sell affordable alternatives is because things like the Fender Strat BODY and Gibson SG/LP body shape were never properly trademarked years back and thus courts have decided this basic shape can not now be trademarked after the fact. However, headstock and logos are still protected for most companies 2) The second condition is that you can NOT misrepresent or make it appear that the product you are selling is made by another company.In other words, your product must CLEARLY by indentifiable as NOT being a product from another company. Thus .... a Les Paul inspired guitar that is labeled AGILE or TUSCANY is legal.A "replica" that goes so far as putting the GIBSON name on the headstock is ILLEGAL !The reason being, a consumer could easily be fooled into mistaking the replica for an actual Gibson product and thus misrepresentation is an issue. So YES, you will see many companies who LEGALLY sell copies of famous shape guitars But something like you posted here is a textbook example of ILLEGAL Link to comment Share on other sites More sharing options...
Members Vintage55 Posted October 17, 2009 Members Share Posted October 17, 2009 The answer is YES .. that is illegal.making low cost alternatives is allowed under 2 conditions ...1) Any protected trademark shapes or styles are not duplicated Exactly.The reason you see AGILE and others (such as my company) able to sell affordable alternatives is because things like the Fender Strat BODY and Gibson SG/LP body shape were never properly trademarked years back and thus courts have decided this basic shape can not now be trademarked after the fact.However, headstock and logos are still protected for most companies2) The second condition is that you can NOT misrepresent or make it appear that the product you are selling is made by another company.In other words, your product must CLEARLY by indentifiable as NOT being a product from another company.Thus .... a Les Paul inspired guitar that is labeled AGILE or TUSCANY is legal.A "replica" that goes so far as putting the GIBSON name on the headstock is ILLEGAL !The reason being, a consumer could easily be fooled into mistaking the replica for an actual Gibson product and thus misrepresentation is an issue.So YES, you will see many companies who LEGALLY sell copies of famous shape guitars But something like you posted here is a textbook example of ILLEGAL That's the deal, for sure... Link to comment Share on other sites More sharing options...
Members rakester Posted October 17, 2009 Members Share Posted October 17, 2009 Not sure why you want to report him to the police, it's not like he's passing it off as the real deal. At least he's honest about it. Don't see what all the hatin' is on this if someone from the start states it's a replica. Different matter if they are passing it off as the real deal... Link to comment Share on other sites More sharing options...
Members darkcheef Posted October 17, 2009 Members Share Posted October 17, 2009 thats not illegal, he said replica. That doesn't mean anything, it has the gibson trademarked headstock and logo on it. And he is trying to sell it off. Link to comment Share on other sites More sharing options...
Members Vintage55 Posted October 17, 2009 Members Share Posted October 17, 2009 It's totally 100% ILLEGAL. Read Mike's post earlier in the thread. Link to comment Share on other sites More sharing options...
Members -Assy- Posted October 17, 2009 Author Members Share Posted October 17, 2009 its just an insult to a company that took hard work and prestigous talent to create, despite their not-so-amazing reputation as of late. Link to comment Share on other sites More sharing options...
Members TruSlice Posted October 17, 2009 Members Share Posted October 17, 2009 its just an insult to a company that took hard work and prestigous talent to create, despite their not-so-amazing reputation as of late. Isn't that the point? Link to comment Share on other sites More sharing options...
Members the_bleeding Posted October 17, 2009 Members Share Posted October 17, 2009 um? who the {censored} gave anybody in this thread the right to be the gibson police? The guy isnt lying, nor is he trying to rip anybody off. Let gibson take care of their own greedy asses. Link to comment Share on other sites More sharing options...
Members newbuilder Posted October 17, 2009 Members Share Posted October 17, 2009 Wait, you mean Gibsun is at fault here?:poke: Link to comment Share on other sites More sharing options...
Members the_bleeding Posted October 17, 2009 Members Share Posted October 17, 2009 http://washingtondc.craigslist.org/nva/msg/1425489660.html isnt it ILLEGAL to be selling this? i really want to inform the police of this guy. also, its really {censored}ing low of you to tell the police and not him. Link to comment Share on other sites More sharing options...
Members -Assy- Posted October 17, 2009 Author Members Share Posted October 17, 2009 also, its really {censored}ing low of you to tell the police and not him. oh, sorry i dont have sympathy for people breaking the law. my bad. Link to comment Share on other sites More sharing options...
Members the_bleeding Posted October 17, 2009 Members Share Posted October 17, 2009 oh, sorry i dont have sympathy for people breaking the law. my bad. how does he know its breaking the law? Hes not lying about it. He probably thinks hes i the clear. Plus calling the cops does 2 things. Wastes your tax money getting them off their asses to collect a guitar, and then wastes more of your tax money to get them to tell gibson and see if gibson files a suit or charges, which thye wont. Stop witch hunting. Link to comment Share on other sites More sharing options...
Members Alex W Posted October 17, 2009 Members Share Posted October 17, 2009 oh, sorry i dont have sympathy for people breaking the law. my bad. Me neither. When I see someone driving around with no safety belt on, I follow them til they stop and them beat them half to death with a baseball bat for not following the law. Link to comment Share on other sites More sharing options...
Members mymindsok Posted October 17, 2009 Members Share Posted October 17, 2009 Come on.... It's a private party selling what he freely admits is a REPLICA!! So, are you guy saying that if we own counterfit guitars, we can no longer make party-to-party sales? And so, now were going to start policing other players? This is starting to look like political correctness run amok and calling the cops is totaly uncalled for. Leave the guy alone!!! Link to comment Share on other sites More sharing options...
Members MikeSpitzer Posted October 17, 2009 Members Share Posted October 17, 2009 hey who is that Red Headed Babe in your Avatar ???? Link to comment Share on other sites More sharing options...
Members Promit Posted October 17, 2009 Members Share Posted October 17, 2009 it is still contraband, and he is selling it, that makes it illegal, regardless of what he advertises it as...im very positive it is illegal to bootleg dvds, then sell them as "bootlegged dvds", right?Bootlegs DVDs are a copyright violation, not a trademark violation. Link to comment Share on other sites More sharing options...
Members Vintage55 Posted October 17, 2009 Members Share Posted October 17, 2009 Not only that, trademark violations are a civil dispute, not a criminal one, so it makes no sense to run around, screaming that it's contraband. It's just idiotic to get all wound up over it.Oh, and trafficking trademark infringing material is perfectly legal for everybody except the party who produced it to begin with. uh....no Link to comment Share on other sites More sharing options...
Members guitarheo3 Posted October 17, 2009 Members Share Posted October 17, 2009 tattle tail Link to comment Share on other sites More sharing options...
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