[pp.int.general] Fake Rolex

[Amelia Andersdotter]

On 11 April 2010 19:21, Stephane Bakhos <nuitari at pirateparty.ca> wrote:
>> Martina Pöser wrote:
>>>>
>>>> Trademarks do not prevent you from being betrayed. This is exactly the
>>>> same as that copyright does not make artists rich and famous. :)
>>>
>>>> Without trademark protection, it would not be illegal to sell you a
>>>> Chinese
>>>> fake ROLEX for 10000 euro! While it is not a watertight solution, it
>>>> helps
>>>> if something is criminal.
>>>
>>> Of course, it's a crime, if someone sells you a product which isn't what
>>> they say it is
>>> and you pay more for it because you believe them. That's called fraud.
>>
>> That exactly the point, when trademarks enter the game. If more than one
>> company would be allowed to produce rolex watches, that you could label
>> something rolex, that has lower quality than the original watches.
>>

that could just as easily be solved by consumer protection law. and in
fact is. consumer protection law, at least in sweden (and here for a
considerably longer time than the unfair business practises directive
has been in place), protects consumers considerably better than
trademarks do, if it's counterfeiting or even confusing almost-replica
you're concerned about.

>> Of course this is only a problem for costumers, that decide to buy brand
>> based and not based on specific features.
>
> There are a lot of customers that are only buying based on banding.

if consumers are interested in brands, that sort of speaks for
trademarks. if it wasn't for the case that a brand is something you
build over time, and that would be just as possible without the
trademark laws.

/amelia

> Apple managed to reinvent themselves into a trendy hip brand with the iPod,
> then the throngs of trendy/hip people were quite happy to line up at the
> stores for hours and hours to buy an overpriced phone (or pad for that
> matter) that has all the features of an overpriced ball and chain.
>
> There are literally thousands of brands out there that concentrate on
> targeting people who are ready to pay a premium for the brand.
>
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-- 
Amelia Andersdotter
Lissabon-MEP
+46 722063698