[onewilyfool]

This just fries my niblets.....

http://sfbay.craigsl...2950670508.html

[vincentw]

onewilyfool, on 10 April 2012 - 03:55 PM, said:

This just fries my niblets.....

http://sfbay.craigsl...2950670508.html

Report this one to Craigslist. This is actually illegal in the USA.

[vincentw]

and don't hesitate to email Gibson Customer Service these links to service@gibson.com

[Markini]

he can own a counterfeit, but it is against Federal law to sell one. He probably purchased it online from a chinese source, had it shipped here, he is skirting the boundaries there, but still hasn't broken a Federal law, it's when he sells it that he is looking at possible prison time, not a few days in jail.

[BigKahune]

.
Yes, selling with a copyrighted Gibson logo is against the law, even if the counterfeit guitar is a terrible fake.




Wily - I suggest a cool soak for your fried niblets. .


.

[Eyecon]

Unfortunate that the USA innovates and China imitates. Against the law, but so is selling copy Prada on the streets of NYC. Nothing will come of this.. not a big fish. Sucks though.

[retrorod]

onewilyfool, on 10 April 2012 - 03:55 PM, said:

This just fries my niblets.....

http://sfbay.craigsl...2950670508.html

I had fried 'niblets' for supper tonite! ...Taste like chicken.....

[Australian Sun]

http://www.ebay.com....=item20c49e3f66

Here's another one for you, if you can do something about it, please do. This guy sells a lot.

[onewilyfool]

I turned this one in to Gibson fraud......

[Australian Sun]

I saw the ebay listing with 12 seconds to go before bidding ended. I was so close to buying a Gibsun, I tell you what!

[flatbaroque]

Australian Sun, on 10 April 2012 - 06:29 PM, said:

http://www.ebay.com....=item20c49e3f66

Here's another one for you, if you can do something about it, please do. This guy sells a lot.

AS maybe you are a bit hard on this bloke...he clearly states these guitars are "in Gibson style"...even says "This is not a Gibson guitar"...there is no Gibson branding...I guess the ethics of such a slavish copy can be questioned...but it's not really counterfeit is it?Recording King has a slope shoulder that is a dead ringer for a J-45.
Disclaimer I bought a Martin parlor copy off him...Martin don't make the model anymore, very early model...no Martin branding on it...and for $450 I sure knew it wasn't a Martin and he wasn't saying it was.

[BatHead]

I'm not sure, but I think as long as he discloses that it's a fake, and isn't trying to pass it off as the real thing, he's not doing anything illegal.

[Daryl M]

BatHead, on 10 April 2012 - 09:53 PM, said:

I'm not sure, but I think as long as he discloses that it's a fake, and isn't trying to pass it off as the real thing, he's not doing anything illegal.

I'm no attorney, but according to www.naw.org, It is illegal for any person to intentionally traffic, or attempt to traffic, in goods or services and knowingly use a counterfeit trademark on or in connection (such as product labeling and packaging) with those goods or services. The term “traffic” is broadly defined to include the sale of a product that bears a counterfeit trademark. Traffic also means transporting, transferring or otherwise disposing of a product for money or anything of value.

A counterfeit trademark means a spurious mark or designation (e.g., packaging, labeling) that is identical with, or substantially indistinguishable from, a trademark which is registered in the U.S. Patent and Trademark Office, and is used on goods without the consent of the trademark owner. A counterfeit certification mark is considered a counterfeit trademark. Criminal liability requires that the seller had actual knowledge, or constructive knowledge (reasonably should have known under the circumstances), that the product or its labeling or packaging contained a counterfeit trademark.

The penalty under the federal law:

Imprisonment – Up to 10 years for the first offense and up to 20 years for a repeat offender.
Fines – Up to $15.0 million for corporations and $5.0 million for individuals who are repeat offenders.
Seizure and destruction of the counterfeit products in the wholesaler-distributor’s possession.
Civil lawsuits by the trademark owner under the federal trademark law for the recovery of damages, lost profits, attorneys’ fees and injunctive relief.

[pfox14]

It's called fraud and yes, it is illegal - VERY!!

[JohnnyReb]

I actually emailed the guy about this. He stated that he found out it was a fake from calling Gibson to verify the serial number. They told him it was a counterfeit. He said Gibson was unconcerned about it and told him to get rid of it if he wished. My guess is the guy bought it and got scammed. This is the real problem with these things. At least he is honest enough to say its fake, a lot of novice guys probably would never know

[BigKahune]

BatHead, on 10 April 2012 - 09:53 PM, said:

I'm not sure, but I think as long as he discloses that it's a fake, and isn't trying to pass it off as the real thing, he's not doing anything illegal.

JohnnyReb, on 11 April 2012 - 10:29 AM, said:

I actually emailed the guy about this. He stated that he found out it was a fake from calling Gibson to verify the serial number. They told him it was a counterfeit. He said Gibson was unconcerned about it and told him to get rid of it if he wished. ....

It doesn't matter what the guy says, or what he advertises, or what he says Gibson told him - the item in question is obviously infringing on Gibson's rights by displaying counterfeit/fake trademarked Gibson logos/names. Unless this guy has a documented licensing agreement with Gibson, that's against the law. To be a legal sale, the seller would have to remove the trademarked Gibson names/logos from the guitar.


.

[Work in Progress]

Australian Sun, on 10 April 2012 - 06:29 PM, said:

http://www.ebay.com....=item20c49e3f66

Here's another one for you, if you can do something about it, please do. This guy sells a lot.

I'm not sure how this is a "fake" Gibson. No where does it say on the guitar "Gibson". The listing even says it's NOT a Gibson. Styling a guitar after a Gibson model is fair game (so long as the guitar doesn't say "Gibson" on it) in my understanding.

[JohnnyReb]

Illegal or not, do you really think Gibson is going to spend time and money on legal fees and lawyers to pursue some guy for selling a fake he acquired for 400 bucks??? If he were selling hundreds of these and making thousands of dollars, yes. But the burden is on Gibson here to pursue this. If you call the local pd and say somebody is selling a fake Gibson there not going to break this guys door in and arrest him. It is up to the violated party to press charges.I think the fish is way to small for Gibson to be concerned about it and spend time and money to prosecute this guy. Trademark violations are about money, and there's none to be made here

I'm not a lawyer, but I do have a college degree in criminal justice and some legal system studies. I also have a law enforcement background, but it just wasn't for me. I learned real quick that the system wasn't about taking criminals off the street, it's about making money

[BigKahune]

JohnnyReb, on 11 April 2012 - 11:44 AM, said:

Illegal or not, do you really think Gibson is going to spend time and money on legal fees and lawyers to pursue some guy for selling a fake he acquired for 400 bucks??? .....

Pretty one dimensional thinking. Spending money/time on the problem may or may not include expensive legal action. There's other more economical strategies to pursue like letters from corporate attorneys to media companies advertising counterfeits. Let me refer you to Vincent's comment quoted below. I don't believe Gibson wants links so they can add them to Santa's naughty list - do you?

Trademarks are wisely protected by their owners to protect their brand - that can easily translate into money. This comes up often here on these Gibson forums, and Gibson always wants the info.

vincentw, on 10 April 2012 - 03:59 PM, said:

and don't hesitate to email Gibson Customer Service these links to service@gibson.com

[Eyecon]

Gibson I believe would take action if it were hurting their sales to a great measure. One guy here or there, selling a fake guitar or two, I suspect Gibson wouldn't do anything. Neither would the enforcing arm of the law. I don't think ebay really cares either, makes them money and as far as I know, seeing sellers of fake products doesn't seem to scare people off from using their auction site to buy legit items. Of course it's good that these people get reported. Any deterrent that helps inhibit this sleezy way of making money is good.