Scam/Fake? Outrageous Yanagisawa counterfeit

[jonf]

This item is being openly sold on eBay UK.

https://www.ebay.co.uk/itm/136316775291?

I reported it to eBay, who replied that they don't think there is anything wrong! Perhaps a couple of other people could also report it?

 

[PiccoloPirate]

It is advertised as a Replica.

 

[Colin the Bear]

Reported. Trademark and copyright infringement. I think I got that right.

 

[jonf]

It is advertised as a Replica.

Indeed it is. That doesn't make it legal to sell under UK law. It is still a counterfeit. By saying it is a 'replica', all the seller is doing is confirming it is inded a counterfeit.

 

[thomsax]

An Yanigisawa replica. Which Yanigisawa model? It's close to an ultra cheap Yani copy I owned.

It's a crime if the logo is used without permission.

 

[Colin the Bear]

Report investigated by AI. No further action taken. Appeal offered.

 

[jonf]

An Yanigisawa replica. Which Yanigisawa model? It's close to an ultra cheap Yani copy I owned.

It's a crime if the logo is used without permission.

The model number on it is 9933, which was the super-expensive silver neck/bell model. The counterfeit is all brass. It very clearly shows the Yanagisawa logo. I suspect it's one of the ones openly sold on AliExpress.

@Colin the Bear I have filled in the appeal form. If they maintain their stance I'll report eBay to Trading Standards for deliberatley and knowingly supporting sales of counterfeit items.

 

[Canuck_alto]

On the classified site where I got my alto there is Yanagisawa copy being offered for $500 and a Selmer copy for $550.

At least the sellers are being honest enough to admit that they are knockoffs but I wouldn't buy one.

 

[jonf]

On the classified site where I got my alto there is Yanagisawa copy being offered for $500 and a Selmer copy for $550.

At least the sellers are being honest enough to admit that they are knockoffs but I wouldn't buy one.

I don't know about in Canada, but under UK law, it really doesn't make much difference whether the seller acknowledges items are counterfeit. It's illegal to sell them anyway.

 

[Canuck_alto]

Yeah, to be honest, I am not sure about the legalities. However, for what they are asking you would be able to pick up a non counterfeit horn easily.

 

[Pete Thomas]

It is advertised as a Replica.

Which is illegal

Reported. Trademark and copyright infringement. I think I got that right.

I'm not sure there is copyright infringement involved with a saxophone.

I'll report eBay to Trading Standards for deliberatley and knowingly supporting sales of counterfeit items.

Good idea!

At least the sellers are being honest enough to admit that they are knockoffs but I wouldn't buy one.

As above, selling a counterfeit is dishonest whether or not you admit it is counterfeit, or the more euphemistic "replica"

 

[PiccoloPirate]

My bad.
I only read the print,
Yanagisawa Tenor replica etc etc, and did not look at the horn.
Yanagisawa is a registered trademark, and the logo, is most likely a registered work of graphic art.
It should be pulled from eBay.

As far as a replica being illegal, that might only be true, if there are patent claims involved, or a registered copyright as a sculpture.

If my name is Amadeus Yanagisawa, and I put my name on a musical instrument, that might be interesting,

I just received a registered copyright for a wooden Sculpture with the US Copyright Office.
Took them five months.
The sculpture has utility, and at the advice of the patent and copyright office, they said to do the copyright registration first and the patent claims next.

 

[Trigger]

I did see it on Facebook and told him it was a copy ,he has since then put it on eBay as a replica and changed the listing on Facebook

 

[Tuppertn]

That's sad. I wonder if he paid a lot for it thinking it was real. A brand new fake one is only £270 on DHGate.

 

[thomsax]

If my name is Amadeus Yanagisawa, and I put my name on a musical instrument, that might be interesting,

I did the same reflection for some years ago. I met a person with the same surname as the saxophone. If he bought blanks (chinese Yani copy) and engraved/stamped the saxes with a unique logo ( first name, surname. product symbol ....) .... ?????

 

[Targa]

I did the same reflection for some years ago. I met a person with the same surname as the saxophone. If he bought blanks (chinese Yani copy) and engraved/stamped the saxes with a unique logo ( first name, surname. product symbol ....) .... ?????

They'd probably get sued.
You must have seen a lot of cases where a small business with a completely different product and a name, which if a dyslexic read it in a poor light holding it the wrong way up, looked like it had a word which was vaguely similar gets sued by an international company.

 

[Pete Thomas]

up, looked like it had a word which was vaguely similar gets sued by an international company.

Yes if a claimant can convince judge/jury an item is being “passed off as” then they would probably win the law suit.

 

[thomsax]

They'd probably get sued.

Who? The guy that is 100% honest or the company that sell a Yani copy?

Lots of different "King" saxophones. H.N. White company named thier saxes after a trombonsist called Thomas King. "King Super 20" had patents and it's on logo. "King Super 21" was/is complete different.

 

[Pete Thomas]

Who? The guy that is 100% honest or the company that sell a Yani copy?

Anyone selling a fake Yanagisawa, ie a copy with a trademark owned by Yanagisawa.

NB It is illegal whether or not they are passing it off as the real thing.

I was not referring to selling a copy of a Yanagisawa that does not have a Yanagisawa trademark, ie is sold under a different brand name.

 

[jonf]

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.