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 Post subject: Fake Caps
PostPosted: Fri Jun 24, 2011 4:02 am 
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Breitling Maniac
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First time I have seen these seller states they are not authorised by the brand.
http://cgi.ebay.co.uk/BREITLING-Basebal ... 299wt_1185


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 Post subject: Re: Fake Caps
PostPosted: Fri Jun 24, 2011 4:41 am 
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I don't see anything to report here as there is no intent to deceive and I have no idea what eBay's rules are on things like this. It's up to Breitling if they want to enforce their copyright in my mind - it's not like it's a 'fake cap', just embroidery of a design that the seller doesn't own the rights to.


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 Post subject: Re: Fake Caps
PostPosted: Fri Jun 24, 2011 5:12 am 
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A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colourfully" similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. The test is always whether a consumer of the goods or services will be confused as to the identity of the source or origin. An example may be a very large multinational brand such as "Sony" where a non-electronic product such as a pair of sunglasses might be assumed to have come from Sony Corporation of Japan despite not being a class of goods that Sony has rights in.

Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction, a quality which is sometimes known as territoriality. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction

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 Post subject: Re: Fake Caps
PostPosted: Fri Jun 24, 2011 5:14 am 
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timezone wrote:
A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colourfully" similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. The test is always whether a consumer of the goods or services will be confused as to the identity of the source or origin. An example may be a very large multinational brand such as "Sony" where a non-electronic product such as a pair of sunglasses might be assumed to have come from Sony Corporation of Japan despite not being a class of goods that Sony has rights in.

Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction, a quality which is sometimes known as territoriality. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction



Yes, but as I said, I see it as Breitling's job to enforce their rights.

If they want to start paying me to do it for them then I'll start reporting things like this, but I fail to see any attempt to defraud and a buyer will end up with exactly what is being advertised.


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 Post subject: Re: Fake Caps
PostPosted: Fri Jun 24, 2011 5:22 am 
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It was an observation as I havent seen any non watch counterfeit Breitling stuff before.


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 Post subject: Re: Fake Caps
PostPosted: Fri Jun 24, 2011 6:01 am 
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They are sharp looking caps. I'm pretty sure they are against eBay's rules, at least in some countries(trademark laws vary widely).


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 Post subject: Re: Fake Caps
PostPosted: Sat Jun 25, 2011 3:50 pm 
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Gone.

Have to agree with Roff. Whether a cap or a watch, if it's clearly stated that it's a "replica", then it's Breitling's job to remove it. Only when it is implied/claimed a fake is genuine do I want to remove it to protect the gullible.

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