Rickenbacker & Fakenbacher in the Same Store?

red_rob · Post by **red_rob** » Wed May 10, 2006 4:26 am

I love Rickenbacker and it's identity as much as the next forumite so I'd like to clarify (in order to keep blood pressure down) that I DO think they suck and it's a really lame rip-off.

The only part of the discussion I was arguing with was that I don't think this is illegal at present. It can't be or it wouldn't be happening surely?

It's basically a rip-off? YES
It's illegal? APPARENTLY NOT

leftyguitars · Post by **leftyguitars** » Wed May 10, 2006 4:48 am

I agree Rob, but I still see the 14 year old kid, with £100 ($175) that he has saved up, wanting a guitar the same as his superstar hero. He isn't going to get it for £100 but if the fire isn't extinguished he will still aspire to owning one and (hopefully) eventually will.

shamustwin · Post by **shamustwin** » Wed May 10, 2006 4:50 am

There's something here I'm not understanding - if, on ebay, someone is selling a copy and has it clearly identified as a copy, the Rickenbacker legal team has the item pulled. That's fine and understandable.
But a retail store is allowed to sell the same product?

leftyguitars · Post by **leftyguitars** » Wed May 10, 2006 4:53 am

Ebay make their own laws up!

bitzerguy · Post by **bitzerguy** » Wed May 10, 2006 5:05 am

Perhaps not "illegal" in the common use of the word, but certainly actionable if it is trademark or patent infringement. If the sellers of these can be shut down on Ebay, they can certainly be shut down outside of Ebay. And I do believe that there are trademark, copyright and patent treaties between the Commonwealth and the USA. I would have to believe this shop could get into a bit of trouble.

While I am certainly no lawyer, I have observed (I actually filed an action against an infringement) that with trademark or copyright cases that you do have to catch the perp in the act then file an action and pursue it.

It is my fondest wish that anyone who infringes and abuses someone else's hard work gets "actioned".

...Dean

red_rob · Post by **red_rob** » Wed May 10, 2006 5:15 am

I'm not that busy at work today, I'll go down to Denmark St and take the name and number of all shops stocking these copies if RIC would like such data?

I expect no reimbursment for such a service, but it would be hard to say no to a 360F in fireglo...

leftyguitars · Post by **leftyguitars** » Wed May 10, 2006 5:20 am

I would have to believe this shop could get into a bit of trouble.

Why? under UK trading laws they haven't committed any offence!

Virtually every guitar retailer in the UK sells blatant copies.

red_rob · Post by **red_rob** » Wed May 10, 2006 5:32 am

Peter's right. But surely this is the case in other countries too? Or are we inferring that the UK stands out as a den of immorality?

If only someone was around who could lay down the actual legal position on this.

Because my brain's starting to hurt.

sowhat · Post by **sowhat** » Wed May 10, 2006 5:46 am

Same in Russia, i'd suggest. So UK is not alone, anyway

Peter L.: your comment about a 14 year old kid warmed my heart... i still remember those times... oh well, nevermind.

jingle_jangle · Post by **jingle_jangle** » Wed May 10, 2006 6:51 am

The degree of protection of Rickenbacker's trademarks and even the definition of terms ("trade dress" in the USA may not exist in such form in other jurisdictions) varies from country to country.

The basic principle remains the same. The UK does provide "Design Protection" through their own Patent Office. How and how aggressively they enforce their own laws is apparently another thing.

Just because one can get away with doing something, doesn't make it OK to do it.

Russia? Well, I doubt that enforcement of intellectual property laws (if they even exist) is a high priority at this time!

sowhat · Post by **sowhat** » Wed May 10, 2006 7:18 am

They do exist. A "thing in process", you know. I mean, the "duma" (our parliament) is currently working on them, adding this and that, but they do exist...

jingle_jangle · Post by **jingle_jangle** » Wed May 10, 2006 9:45 am

Existence of laws and enforcement of them are quite different matters, as we all know...and I'm about talked out on this topic for now.

sowhat · Post by **sowhat** » Wed May 10, 2006 10:40 am

I'd rather not talk about it at all... it's been such a good day... peace.

jingle_jangle · Post by **jingle_jangle** » Wed May 10, 2006 11:35 am

...and a good beer to you as well!!!

red_rob · Post by **red_rob** » Wed May 10, 2006 11:39 am

So, can someone who knows please tell us?

Because I think, taking into account our good natured ignorance, we're ALL talked out on this one.

Anyone?

I'm confident that all laws in the united kingdom are properly enforced