[pp.int.general] counterfeit product and "pirate" product

Stephane Bakhos nuitari at pirateparty.ca
Fri Jun 4 01:36:52 CEST 2010


Actually I think the judge hit it right on the nail.

The woman was sued for trademark infringement, not copyright infringement.

He basically says that it can't be trademark infringement because 
the fakes are clearly fakes of a much lower quality. therefore, no 
possibility of a customer being deceived into thinking that they are 
buying the legitimate item.

On Fri, 4 Jun 2010, Joonas Mäkinen wrote:

> Date: Fri, 4 Jun 2010 02:26:45 +0300
> From: "[UTF-8] Joonas Mäkinen" <joonasd6 at gmail.com>
> Reply-To: Pirate Parties International -- General Talk
>     <pp.international.general at lists.pirateweb.net>
> To: Pirate Parties International -- General Talk
>     <pp.international.general at lists.pirateweb.net>
> Subject: Re: [pp.int.general] counterfeit product and "pirate" product
> 
> CDs have nothing to do with trademark... judge seems quite clueless. :>
>
> 2010/6/4 Partido Pirata Argentino <ppirataargentino at gmail.com>
>
>> Judgement of a judge by a woman who sold pirated CDs on the street,
>> the judge did not consider it fake because they were very different
>> from the original.
>>
>> The judge determined that the street sale of compact discs and DVD's
>> of low quality and with photocopied covers can not be regarded as a
>> crime of "trademark counterfeiting" ..
>>
>> Here is in spanish:
>>
>>
>> http://partido-pirata.blogspot.com/2009/10/venta-ambulante-no-es-delito-vender-cd.html
>>
>> The newspaper said that the "pirated cds" are free to sold in Buenos
>> Aires, but these is not true, the judge said that the infraction of
>> copyright is another crime, but the woman wasn´t "trademark
>> counterfeiting" ..
>>
>>
>> Eduardo
>> Partido Pirata Argentino
>> ____________________________________________________
>> Pirate Parties International - General Talk
>> pp.international.general at lists.pirateweb.net
>> http://lists.pirateweb.net/mailman/listinfo/pp.international.general
>>
>
>
>
>


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