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Loads of info is available from various sources.
http://www.devonsomersettradingstandards.gov.uk/consumers/understanding-your-rights/counterfeit-goods-ip-theft/
https://speakerimpedance.co.uk/?act=two_parallel&page=calculator
This is a Givson. Not really the same thing at all.
Don't forget the Trade Marks Act which makes it a specific offence to create or sell an item with a trade mark on it that the maker doesn't own - unless they get permission. Most counterfeit items are under trade mark protection as that is where their value lies.
The test there is not just to cause a loss to other people, but to gain for himself. This is why it is legal to own (as long as you didn't make it) but not sell.
On Summary Conviction there is a 6 months prison stretch available, but on indictment the maximum is 10 years under Trade Marks Act 1994 Section 92(6)
(that also deals with Chalky's "different league" point)
https://speakerimpedance.co.uk/?act=two_parallel&page=calculator
Seconds away, Round 1....
I understand the arguments, the impact, the potential to defraud etc etc etc - it's just I don't get why so much emotion?
Has as anyone here been caught out by a fake?
Why don't we have 20+ page threads on fake strings?
Is this the Statins argument of the guitar world?
" Is it okay as long as the product is marked that it’s a fake?
No, even if a trader sells a product as a fake, he is still likely to be committing a criminal offence. For example, if a fake Nike trainer uses the name, logos, designs and other protected property of the Nike company, it is illegal whether or not it’s sold as being a fake.
Similarly, if a product slightly misspells a brand name but is still obviously trying to mimic a well-known logo, it is still likely to be illegal. "As I said, there is illegal and there is illegal....
I was out shopping with the missus recently and we saw a 'street trader' selling 'branded perfume'.
We both Lol'd and said 'fake' and moved on.
I have no doubt that Trading Standards will be down the markets looking at Luis Vitton bags and Burberry scarves and the like, on sale by the dozen for years before they wander to a shop about a single dodgy guitar.
Until someone buys it and then complains. Then they'll open a file as there has been an individual victim. And that file will be very handy for propping up the edge of the coffee machine.
Enforcement is the practical ending of any legal discussion, but this thread has been about the technical issues of legality.
Voxman appears to be having difficulty in accepting that the shop has committed an offence.
The sentencing guidelines are here: https://www.sentencingcouncil.org.uk/offences/item/trade-mark-unauthorised-use-of-etc/
No doubt he'll ask his daughter to verify them
There are cases out there where properly worded disclaimers have been enough - like on mileage readings on cars - as long as the disclaimer is strong enough to ensure the customer ignores the mileage reading completely.
But a mileage reading is not a Trade Mark, and lots of those disclaimer decisions are from the Trade Descrptions Act, most of which has been replaced by the various new Consumer Protection regulations over the last 10 years or so.
https://speakerimpedance.co.uk/?act=two_parallel&page=calculator