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Thread: Is this illegal? Selling a Fake but declared

  1. #1
    Craftsman
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    Is this illegal? Selling a Fake but declared

    https://www.ebay.co.uk/itm/Omega-Sea...wAAOSwTMZbhF2P

    Is this illegal?

    He says its a fake and all but I'm pretty sure its not legal due to IP and that?

  2. #2
    Grand Master number2's Avatar
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    Quote Originally Posted by ejtrent View Post
    https://www.ebay.co.uk/itm/Omega-Sea...wAAOSwTMZbhF2P

    Is this illegal?

    He says its a fake and all but I'm pretty sure its not legal due to IP and that?
    It's a fake pure and simple.
    "Once is happenstance. Twice is coincidence. The third time it's enemy action."

    'Populism, the last refuge of a Tory scoundrel'.

  3. #3
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    Quote Originally Posted by number2 View Post
    It's a fake pure and simple.
    I know it's fake but not sure if it's against ebay's TOS

  4. #4
    Master
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    It is against their T&Cs unless that's changed recently, which I highly doubt.

  5. #5
    Journeyman Mathif's Avatar
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    Quote Originally Posted by monogroover View Post
    It is against their T&Cs unless that's changed recently, which I highly doubt.
    Lol yeah for sure it's against T&C and it's pretty stupid as the seller can get sued for infragement of copyright...

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  6. #6
    Master blackal's Avatar
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    Looks like bidders have missed the word ‘replica’ in the description ?

  7. #7
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    Any replica goods are not good. Plain and simple.

  8. #8
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    I am very new to all this but it's a pretty convincing fake hah! I guess people are bidding cos they want that look!

    - - - Updated - - -

    *for the record i'd never buy a fake I just didnt know if it was illegal to do it!

  9. #9
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    You can report it as counterfeit using the reporting system. I do it all the time with all sorts of things.
    Last edited by astonandy; 31st August 2018 at 18:03.

  10. #10
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    Done!

  11. #11
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    Wow can’t believe it’s up at over 100 quid. People sure are stupid.


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  12. #12
    Apprentice
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    Quote Originally Posted by ejtrent View Post
    https://www.ebay.co.uk/itm/Omega-Sea...wAAOSwTMZbhF2P

    Is this illegal?

    He says its a fake and all but I'm pretty sure its not legal due to IP and that?
    Yes. If you report to eBay, they will cancel the sale and deal with the seller.

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  13. #13
    Master
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    Reported.

    100% illegal to KNOWINGLY sell a fake, which this chap has proven beyond a doubt he's doing here.

    Sadly we all know there is a thriving market for fakes and sadly we all know there are some damn good convincing ones about, but they should NEVER be traded in a marketplace like e.bay, let the scruffy little "Wish-I-Was" lot do it on their own forums and car boot sales.

  14. #14
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    I'm amazed they are bids to £102 for a fake watch were the time cannot be set. I mean, really!!!

  15. #15
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    Quote Originally Posted by dougieb View Post
    I'm amazed they are bids to £102 for a fake watch were the time cannot be set. I mean, really!!!
    Hopefully they will be wind up bids. The others in the thread are right, fakes today can be very very hard to spot even to a semi knowledgeable eye. I would hate to think how many have been passed off as real. Reporting such items is a big help to keeping them away from the unsuspecting!

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  16. #16
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    Let's see if eBay do anything. I have seen in past they have not when reported.

    Funny way of setting the time - if it is stopped at 4pm, wait until 4pm and pick it up!!

  17. #17
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    Quote Originally Posted by ISCB View Post
    Hopefully they will be wind up bids. The others in the thread are right, fakes today can be very very hard to spot even to a semi knowledgeable eye. I would hate to think how many have been passed off as real. Reporting such items is a big help to keeping them away from the unsuspecting!

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    My thoughts exactly!

  18. #18
    Master Bernard's Avatar
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    If it is in line with the TOS is irrelevant.
    It is an illegal item, an IP infringement and hence legally forbidden.

  19. #19
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    Quote Originally Posted by number2 View Post
    It's a fake pure and simple.
    The law aside, it’s also contrary to eBay listing rules.

  20. #20
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    Still online!

  21. #21
    Master
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    Reported again.

  22. #22
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    eBay don't seem to give a crap at all!

  23. #23
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    He is getting a good return on his investment surely.

  24. #24
    Master Alansmithee's Avatar
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    Quote Originally Posted by Ticker View Post
    Any replica goods are not good. Plain and simple.
    replica is a term only used on counterfeiting sites - on sites where people buy the real thing they stick to "fake".


    But em.. thanks for the heads-on.

  25. #25
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    Is this illegal? Selling a Fake but declared

    just reported it.


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  26. #26
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    Different term but only one definition "fake"

  27. #27
    Master
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    Well, still there eBay clearly do not care!

  28. #28
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    Quote Originally Posted by Alansmithee View Post
    replica is a term only used on counterfeiting sites - on sites where people buy the real thing they stick to "fake".


    But em.. thanks for the heads-on.
    I beg your pardon!

  29. #29
    Plenty of fakes on ebay, why's this one special?

  30. #30
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    Are Ebay even interested in Fake counterfeit things being sold? There's untold amount on there site.

  31. #31
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    I just happened to spot it is all

  32. #32
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    Quote Originally Posted by Mathif View Post
    Lol yeah for sure it's against T&C and it's pretty stupid as the seller can get sued for infragement of copyright...

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    No, it would be infringement of a registered trade mark or design right. Copyright relates to works of art (music, painting, literature etc) and there is no formal register of copyright.

    SGR

  33. #33
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    Quote Originally Posted by thfccambs View Post
    Are Ebay even interested in Fake counterfeit things being sold? There's untold amount on there site.
    They do seem more interested than Gumtree, for what that's worth. And that's despite eBay owning Gumtree. Gumtree is an absolute criminal counterfeiters paradise.

  34. #34
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    Reported

  35. #35
    Journeyman Mathif's Avatar
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    Quote Originally Posted by ejtrent View Post
    eBay don't seem to give a crap at all!
    Must be illegal for them to get a cut of counterfeit good.

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  36. #36
    Journeyman Mathif's Avatar
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    Quote Originally Posted by StuartGR View Post
    No, it would be infringement of a registered trade mark or design right. Copyright relates to works of art (music, painting, literature etc) and there is no formal register of copyright.

    SGR
    Thanks for the clarification :)

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  37. #37
    Journeyman Mathif's Avatar
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    Quote Originally Posted by David_D View Post
    They do seem more interested than Gumtree, for what that's worth. And that's despite eBay owning Gumtree. Gumtree is an absolute criminal counterfeiters paradise.
    Reminds me of a song

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  38. #38
    Master
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    Couldn’t believe the listing is still up. I’ve reported it twice - quoting the words used: “This is a replica ....”!

  39. #39
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    They want that juicy final value fee

  40. #40
    Master
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    Quote Originally Posted by ejtrent View Post
    I am very new to all this but it's a pretty convincing fake hah! I guess people are bidding cos they want that look!

    - - - Updated - - -

    *for the record i'd never buy a fake I just didnt know if it was illegal to do it!
    It isn't illegal to buy one, to be clear.

  41. #41
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    Quote Originally Posted by thfccambs View Post
    Are Ebay even interested in Fake counterfeit things being sold? There's untold amount on there site.
    They are probably waiting, when one sells they get their cut and if one is reported they act otherwise they got what they wanted. I guess

  42. #42
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    I never get why you would spend 200 on a replica watch and it is even more mind boggling that you would spend 100 plus on a second hand replica watch with issues. Plenty of genuine nice watches can be had for this amount of money.

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  43. #43
    Master
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    Everyone just report it it will be removed by eBay


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  44. #44
    Master
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    ... and sold for £335!


    I reported it 3 times actually quoting the seller's admission that the watch is a fake, and it still wasn't pulled!

  45. #45
    99.99% real= fake = illegal

    but still plenty of 99.99% Rolex and now even GS in yahoo auction HK

  46. #46
    Master
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    Don't understand this market for fakes!

  47. #47
    Grand Master
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    Just to play devil's advocate for a moment, what's the difference between selling a replica watch (provided it's declared as a replica) and selling a replica car such as a Dax Cobra? The Cobra's a replica of the original AC, we all know that and we're OK with that, the watch is a replica and we're not happy!

    The only problem I see is if the owner tries to pass the watch off as genuine and defraud someone, I guess that can`t happen with the car analogy.

    Paul

  48. #48
    Grand Master
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    Quote Originally Posted by Boss13 View Post
    Don't understand this market for fakes!
    Many people can`t understand the market for genuine watches costing a few £K when a near-identical replica can be bought for a fraction of the price. As watch enthusiasts we on this forum are in the minority, most of the general public wouldn`t dream of paying thousands for an expensive watch and they'll find it easier to see the logic on buying a decent replica instead. I don`t get into these debates with non-watch fans because I know I can`t convince them, they think I`m crazy for owning the real McCoy.

    Whether people on here like it or not, there are two sides to the fake watch argument, there always will be.

  49. #49
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    Quote Originally Posted by walkerwek1958 View Post
    Just to play devil's advocate for a moment, what's the difference between selling a replica watch (provided it's declared as a replica) and selling a replica car such as a Dax Cobra? The Cobra's a replica of the original AC, we all know that and we're OK with that, the watch is a replica and we're not happy!

    The only problem I see is if the owner tries to pass the watch off as genuine and defraud someone, I guess that can`t happen with the car analogy.

    Paul
    It is against the law. Stealing a company’s designs and trademarks by selling fake items is theft. Surely you can understand why Omega, Rolex, etc. would object.

    AC is no longer in business and the cars are not passed off as originals.

  50. #50
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    It went for £335 jesus christ

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