Scam/Fake? DH Gate & Counterfeits

[Pete Thomas]

They are producing counterfeits

I didn't think it was DH Gate who are producing them, I thought it was more of just a marketplace

What is illegal in one country isn't necessarily illegal in another.

True, and also with different states

 

[turf3]

I didn't think it was DH Gate who are producing them, I thought it was more of just a marketplace

True, and also with different states

I very seriously doubt that it's legal in any country to make a product and stamp a company's name on it and sell it as if it had been made by that company. Here's what Wikipedia says about trademark law in China.

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The system of trademark law in mainland China is administered by the China National Intellectual Property Administration CNIPA (with an appeal function administered by the Trademark Review and Adjudication Board and the courts). Both are divisions of the State Administration for Industry & Commerce (SAIC).

The two principal pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law.

Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for "well-known" marks, as detailed below).

Amendments to the PRC's Trademark Law on October 27, 2001 allows three-dimensional trademarks and colours to be registered as trade marks. Collective and certification trademarks can also now be registered in China. "Well-known" trademarks [zh] are also now recognised under Chinese law (the courts and administrative bodies will take into account the level of knowledge of the trademark by relevant consumers, the length of use of the trademark, the amount of publicity given to the mark in China, and the history of the mark).

Trademark piracy is a rampant problem for trademark owners in China, despite the highly effective and speedy administrative raid procedure available to trademark owners under the auspices of the State Administration for Industries and Commerce.

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I don't know whether Selmer, Yanagisawa, etc., have formally registered their trademarks in China; probably they have (they're not stupid); but certainly those trademarks would pass the "Well-Known" test.


'Tain't about the presence of a law; it's about enforcement thereof.

 

[Pete Thomas]

I very seriously doubt that it's legal in any country to make a product and stamp a company's name on it and sell it as if it had been made by that company.

I agree but then I hope I didn’t imply I thought that was the case!

 

[MMM]

I loved these on aliexpress , but I wouldnt buy one.

https://www.aliexpress.com/item/1005001520583687.html?spm=a2g0o.productlist.main.17.753927ccHXbqAc&algo_pvid=bf7d2392-daee-4d29-bec7-44aa3bb985cc&algo_exp_id=bf7d2392-daee-4d29-bec7-44aa3bb985cc-8&pdp_ext_f=%7B%22sku_id%22%3A%2212000016441911509%22%7D&pdp_npi=2%40dis%21GBP%2123.83%2118.35%21%21%21%21%21%402100b78b16691253869226815d0745%2112000016441911509%21sea&curPageLogUid=CCpXnaEuSZ15

I wouldn't want to be seen in one of those: it's a Corton tenor!!!

 

[turf3]

I agree but then I hope I didn’t imply I thought that was the case!

Well, the statement was made "things that are illegal in some countries may be legal in others" and you amongst others had chimed in "yeah, that's true". While it's true in things like traffic regulations and the use of various psychoactive substances, there are also things that are pretty much universally illegal: murder, armed robbery, etc. And theft of intellectual property is one of them. Now no one disputes that the presence of a law doesn't equate to effective enforcement of that law.

 

[Pete Thomas]

And theft of intellectual property is one of them.

I agree.

Well, the statement was made "things that are illegal in some countries may be legal in others" and you amongst others had chimed in "yeah, that's true".

So my response more general because it was a general statement. I didn't take it as necessarily referring to manufacturing and/or selling of counterfeits. In this context it could be about buying them. Or more general.

I mentioned states because I believe buying counterfeits may be illegal in some US states. (Where's Dave Dolson when you need him?)