Scam/Fake? Outrageous Yanagisawa counterfeit

[sax panther]

Presumably the appeal form is looked at by a human being rather than eBay's ineffective AI, as they have now written to me telling me the listing will be removed.

I reported it too, just had the same email saying that they'll remove it

 

[DavidUK]

How do we feel about a £45,000 counterfeit?...

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Normally I'd message a fake sax seller and explain the illegality of what they're doing, adding "you can only keep it, scrap it, or return it to whoever sold it to you." What kind of reaction am I likely to receive from this guy?

 

[Vlad]

How do we feel about a £45,000 counterfeit?...

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Normally I'd message a fake sax seller and explain the illegality of what they're doing, adding "you can only keep it, scrap it, or return it to whoever sold it to you." What kind of reaction am I likely to receive from this guy?

Tbh, he'd probably tell you to ''go and do one ! '' if it's been flagged to the relevant authorities that's about all you can do really.
At least everyone on here is aware of it

 

[Pete Effamy]

How do we feel about a £45,000 counterfeit?...

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Normally I'd message a fake sax seller and explain the illegality of what they're doing, adding "you can only keep it, scrap it, or return it to whoever sold it to you." What kind of reaction am I likely to receive from this guy?

Not sure it is counterfeit. Replica (kit) cars are “a thing” and from my (little) knowledge don’t contravene any laws. It clearly states it as being a 2024 build and a replica.

 

[Targa]

There are a lot of other things besides cars that are sold quite legally as replicas so at what point would a saxophone be a replica and not a fake?

 

[Pete Effamy]

There are a lot of other things besides cars that are sold quite legally as replicas so at what point would a saxophone be a replica and not a fake?

Good question.

 

[DavidUK]

Not sure it is counterfeit. Replica (kit) cars are “a thing” and from my (little) knowledge don’t contravene any laws. It clearly states it as being a 2024 build and a replica.

Ferrari don't agree...

Ferrari destroys over 400,000 counterfeit items (including three fake cars)

www.marks-clerk.com

Reward Anticounterfeiting

Note that this fake does have Porsche badges and not "Chesil" or similar replica badging. As a branded item it fits the same mould as a fake branded Yanagisawa. Illegal.

A Yani identical copy with a different brand name on its bell wouldn't raise our hackles.

 

[PiccoloPirate]

Replica or fake is not the issue with that Saxophone.
Using someone else's Trademark and Logo, is the problem.

The Porsche replica, would not be an infringement, unless the shape of the car, has a copyright as a work of art/Sculpture.
If the shape has patents, for aero dynamics etc etc, those patents have a shorter life, based on patent law.
Using any of Porsche's trademarks or logos, is a nogo.

Copyrights are valid for the life of the copyright's owner, and 70 years after their death.
Best to register your copyrights, for better protection.

 

[PiccoloPirate]

The word YANY, is a trademark of Yanagisawa.
Pronounced the same, Yanni, might be an infringement on your ears. 😜

 

[Pete Effamy]

Ferrari don't agree...

Ferrari destroys over 400,000 counterfeit items (including three fake cars)

www.marks-clerk.com

Reward Anticounterfeiting

Note that this fake does have Porsche badges and not "Chesil" or similar replica badging. As a branded item it fits the same mould as a fake branded Yanagisawa. Illegal.

A Yani identical copy with a different brand name on its bell wouldn't raise our hackles.

Even though 3 cars are mentioned, it’s talking about what we all think of in terms of counterfeit goods - bags, T-shirts, watches etc. not the replica car market.

If you google replica cars for sale you’ll find lots. Not a few on the dodgy sites.

Classic Cars Replica For Sale | Car and Classic

 

[Pete Thomas]

If you google replica cars for sale you’ll find lots. Not a few on the dodgy sites.

Any replica is only illegal (to sell) if:

• It has a registered Trademark
• That trademark is used without permission.

So with cars I believe it may well be possible that licences are obtained to make a replica, and I bet any such licence include a clause denying the right to sell as an original, ie the replicacity must be disclosed.

I also imagine that to successfully sue (ie claim both legal expenses and some significant compensation) they would have to prove loss of sales of an original, which may not be easy to prove.

 

[Pete Effamy]

Any replica is only illegal (to sell) if:

• It has a registered Trademark
• That trademark is used without permission.

So with cars I believe it may well be possible that licences are obtained to make a replica, and I bet any such licence include a clause denying the right to sell as an original, ie the replicacity must be disclosed.

I also imagine that to successfully sue (ie claim both legal expenses and some significant compensation) they would have to prove loss of sales of an original, which may not be easy to prove.

Yeah I don’t know. I only know that the replica market is buoyant and celebrated and cars are even sold by big auction houses.
As you say though, they probably don’t pass off a Porsche replica with a replica Porsche badge. An Brecker 911 Targa Turbo would probably be more desirable anyway 😆

 

[Targa]

Yeah I don’t know. I only know that the replica market is buoyant and celebrated and cars are even sold by big auction houses.
As you say though, they probably don’t pass off a Porsche replica with a replica Porsche badge. An Brecker 911 Targa Turbo would probably be more desirable anyway 😆

Well it does have Targa in the name so always more desirable.

 

[Vlad]

Unless it has a slight whiff of cat wee..