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 Posted: Fri Dec 18th, 2009 06:32 am
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Hammerfjord
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The all thing comes down to patented inventions and Panerai was playing on the crown-clasp patent for exemple.
Well, patents are public or free of rights after 20-30 years I think: If I don't mistake but it may depend of the country wher it was deposed...
So after this time, most likely, you can just seat and look the others copying your invention.

I know the problem myself as I patented something last year: First of all, you get protected in the countries you pay patented rights to( It's can be a lot of $ if you want to be internationnal...To pay every year!)
Generally people depose them patent in the biggests economic countries: Mean that the other little lands can "legally" copy and use your invention in them own territory.
When you are patented, your "blue prints" come on the net(public) and make your invention even more vulnerable! What a paradoxal situation...
After that, you are by yourself: If the one who copy you(on a smart/slight way) is much richer than you and know very well the laws, you may break down economicly after a long painfull lawsuit, maybe give up before the end and loose!

Anyway, large majority of the guys who buy homages are not potential customers for the big trades. They buy homages because they can't afford the real thing: They just dream or will forever dream of it.
This is 2 worlds who nearly never meet: The world of the rich client and the world of the poor client.
From this fact: Hommages don't steal potential customers to luxurious trades. They just create even more need and maybe tempt even further the poor guy to put money on the side for buying the real thing one day.

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 Posted: Fri Dec 18th, 2009 08:21 am
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aujang
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Hammerfjord wrote: The all thing comes down to patented inventions and Panerai was playing on the crown-clasp patent for exemple.
Well, patents are public or free of rights after 20-30 years I think: If I don't mistake but it may depend of the country wher it was deposed...
So after this time, most likely, you can just seat and look the others copying your invention.

Hammerfjord brings up a very important point regarding Panerai and its patents. I would only add that the device protecting the crown on the Luminors is also a registered trademark of Officine Panerai. So while the patent might expire I don't think a registered trademark does.

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 Posted: Fri Dec 18th, 2009 09:21 am
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Hammerfjord
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aujang wrote:
Hammerfjord wrote: The all thing comes down to patented inventions and Panerai was playing on the crown-clasp patent for exemple.
Well, patents are public or free of rights after 20-30 years I think: If I don't mistake but it may depend of the country wher it was deposed...
So after this time, most likely, you can just seat and look the others copying your invention.

Hammerfjord brings up a very important point regarding Panerai and its patents. I would only add that the device protecting the crown on the Luminors is also a registered trademark of Officine Panerai. So while the patent might expire I don't think a registered trademark does.


And here we come to the juridic trick them came up to, when the patent was expired( Because it was deposed the oct 4th 1960 in the US)
That's how they won agaisn't RXW in Japan: With the registered trade-mark rights.
This and also a bunch of money they could use in a lawsuit...
Thanks for the note Aujang;)

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 Posted: Fri Dec 18th, 2009 09:35 am
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aujang
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This and also a bunch of money they could use in a lawsuit...
Yup! The Richemont group can afford to hire plenty of lawyers :?

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 Posted: Fri Dec 18th, 2009 10:51 am
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oagaspar
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and unfortunately those legal expensives are passed on to those who buy these high end brands...:(

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 Posted: Fri Dec 18th, 2009 11:16 am
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Hammerfjord
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oagaspar wrote:
and unfortunately those legal expensives are passed on to those who buy these high end brands...:(

Absolutely...This and the millions of $ those brands use in high standard commercials with hired celebrities...
In other words...
Some people wear a watch because them saw them hero with it and pay it high price because them hero was wearing it
:D

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 Posted: Fri Dec 18th, 2009 11:37 am
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oagaspar
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and that's exactly why I wear a Tag Heuer...Tiger be my Hero! goofy

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 Posted: Fri Dec 18th, 2009 11:38 am
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aujang
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oagaspar wrote: and that's exactly why I wear a Tag Heuer...Tiger be my Hero! goofy
subtlelaugh.gif

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 Posted: Fri Dec 18th, 2009 11:44 am
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oagaspar
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Tag Heuer is considering a new watch in honor of Tiger called "Tag Her" :D

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 Posted: Fri Dec 18th, 2009 11:49 am
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aujang
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oagaspar wrote: Tag Heuer is considering a new watch in honor of Tiger called "Tag Her" :D
I need to get on a list for one subtlelaugh.gif

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 Posted: Fri Dec 18th, 2009 07:45 pm
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smith1792
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Speaking from a law enforcement standpoint, there is nothing illegal about an homage.  As long as it's that - no markings/proofs showing/pretending to be something it's not.

Replicas or fakes are COMPLETELY illegal.  This is usually due to copyrights and patents.  Any infringement of a company's trademarks is punishable under the law.

Here in New Orleans, we have to deal with counterfeit tickets to sporting events and special events.  Also along with that is the usually "Officially Licensed" merchandise sold at such affairs.  Another problem are the guys who turn their vehicle into mobile media factories - counterfeiting movies (DVD's) and audio CD's [not Keith's Cave Dwellers].

Anyone caught doing any of the above activities is usually arrested, has their "merchandise" confiscated, and is prosecuted either municipally or criminally (depends on $ amounts).  Then you can also be held liable civilly, and lose YOUR property and holdings.

I have no problem with homages - I love the Dievas Vintage CA Titanium.  Just don't poop in anyone else's punchbowl.

Stu  

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