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Mr Alan
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Quote: from jack attack on 1:42 am on Aug. 31, 2007
I beg to differ with you on the "When returning to the US, you may legally bring back only one counterfeit item of each kind per person (one watch, one handbag, etc.). " and "The above does not apply to DVD's and software, which are not technically trademark infringements".
When a pirated film exhibits the registered trademark of the producer and/or distributor on either the packaging or content, it then also is a trademark infringement.
Copying of copyrighted material is not done by the individual who has purchased it and bringing it back to the US. The purchaser becomes an accessory to the pirate and consequently can have the counterfeit goods seized.
I think you are splitting hairs. The fact is that you can bring in one counterfiet item of each kind back to the US if you bring it with you, but you cannot "legally" bring back "pirated" software or DVD's.
That's a fact Jack.
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Thai Girls : Meet Sexy Thai Girls
Posted on: 4:59 pm on Aug. 31, 2007
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Mr Alan
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Quote: from China Sailor on 3:42 am on Aug. 31, 2007
What is telling here is that in the US we can bring in a pirated watch, bag, track shoe, dinner jacket, tie clasp, etc. for our personal uses but no DVDs or Music.
Well let's look more closely:
The best watches, bags, track shoes, dinner jackets, tie clasps, etc are all from EU companies.
The best DVDs and Music are from American companies.
Interesting yes???
No, it has nothing to do with that.
When you buy a counterfeit Rolex watch, it only looks like a Rolex and is not of the same quality as a Rolex. The counterfeiters are not using the engineering, the same parts, or the same workmanship when the fake watch is made. So the purchaser has not really got something for nothing (except that they can fool their friends). They got a shitty watch that didn’t cost much.
A pirated CD or DVD is usually an exact copy of the copyrighted original. Software that comes on a pirated CD does not run any slower or any differently than the original (assuming you get past the registration key). In addition, once pirated digital media comes into the US, it can be copied many additional times for resale. A fake Rolex brought back from overseas can only be sold once (legally it can only be sold after one year).
Inside the US, they crack down on fake EU products very strenuously, much more so than with illegally copied software.
You should get some help for your paranoia.
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Bangkok Women : Meet Sensual Bangkok Women
Posted on: 5:14 pm on Aug. 31, 2007
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DaffyDuck
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Quote: from Mr Alan on 7:08 am on Sep. 1, 2007
You should get some help for your paranoia.
I'll agree with Mr.Alan and second that notion.
Maybe it's the stress of his job that is getting to him, and he feels persecuted by all and everyone...
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Thai Girls : Meet Sexy Thai Girls
Posted on: 10:19 pm on Aug. 31, 2007
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NINGNING
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I do remember a case which was in the newspapers some 2 or 3 years ago. An Italian lady aged 60+ bought a pair or faked Gucci or D&G sunglasses in Tunisia.
Back in Italy she was fined to Euro 10,000 because its forbidden to buy or make use of any faked brand items in the EU – be it one or ten, be it for personal use or for resale.
Line of argumentation in that case was that she must have known that for Euro 10, which was the price for that sunglasses according to her, there is no real Gucci or D&G sunglasses available, neither in Italy nor in Tunisia. Thus she must have known its faked goods and thus she was sentenced.
So as far as I know faked brand items are not allowed in the EU at all. But since I am not an expert I would appreciate a second opinion.
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Bangkok Girls : Meet Sexy Bangkok Girls
Posted on: 5:53 am on Sep. 2, 2007
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farangman4
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Quote: from NINGNING on 7:47 pm on Sep. 2, 2007
Googled but couldn't find it.
Find it quite implausible though. Fakes are sold on every beach in Italy, and on many street corners throughout Europe. At more or less the same sorts of prices as in Thailand (at least, the prices that the tourists get in places like Patpong).
You sure there wasn't more too it? In the same way that there was more to Al Capone's tax evasion rap?
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Thai Women : Meet Matured Thai Women
Posted on: 6:41 am on Sep. 2, 2007
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NINGNING
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It was in the news referring to the fact that faked brand items are forbidden at all. In this case it was to make clear that there is no exemption, even for one item for personal use.
It was in a sense that even if you don’t trade these things, you still damage the brand-rights and that law can be enforced (even if its only one).
I do not know how much this law is otherwise enforced or what it actually is like since I have never been harassed by customs.
But I was surprised to learn that in the US one item of each good is allowed as in the EU it apparently does not make a difference whether its one or ten – penalty might be possible.
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Bangkok Women : Meet Beautiful Thai Girls
Posted on: 7:13 am on Sep. 2, 2007
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Mr Alan
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There have been many court cases of trademark infringement in the US, not only involving fakes, but all also real items sold as grey market goods (not imported by the official licensed US importer).
Grey market importing is allowed if the manufacturer owns or controls the US importer, but not allowed if the importer is an independent import company who paid for the right to be the exclusive importer (grey market goods are a little bit OT to this thread but it is related to trademark infringement).
The general theory of trademark infringement in the US is that a manufacturer is not damaged if someone owns a fake item for personal use and not for resale. In the US it is difficult to find people selling fake goods anywhere because this is strictly enforced by the US Federal government (apparently much more so than in the EU).
For a tourist bringing one fake item back with them from overseas there are probably some practical issues involved in why they let you bring in one fake item of each kind. It would take forever to get through US Customs if they had to verify the authenticity of every handbag, every watch, every shoe, and every article of clothing, especially if the item is being worn on the person. I am not even sure it is possible to that, even if they had enough time.
In the case of software, there are specific copyright laws that allows you to copy software for personal use in the US, but to not sell such copies (or not trade them with your friends, which would be considered barter, a form of commerce). These laws are not really applicable to fake manufactured goods, since no one has invented a cloning machine that can make exact copies of a Rolex.
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Bangkok Girls : Meet Attractive Thai Girls
Posted on: 8:50 am on Sep. 2, 2007
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DrLove
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In the case of software, there are specific copyright laws that allows you to copy software for personal use in the US, but to not sell such copies
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So that would make 'sharing' legal? There is no barter.
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Thai Girls : Meet Active Thai Girls
Posted on: 8:53 am on Sep. 2, 2007
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Mr Alan
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Quote: from NINGNING on 6:47 am on Sep. 2, 2007
I do remember a case which was in the newspapers some 2 or 3 years ago. An Italian lady aged 60+ bought a pair or faked Gucci or D&G sunglasses in Tunisia.
Back in Italy she was fined to Euro 10,000 because its forbidden to buy or make use of any faked brand items in the EU – be it one or ten, be it for personal use or for resale.
Line of argumentation in that case was that she must have known that for Euro 10, which was the price for that sunglasses according to her, there is no real Gucci or D&G sunglasses available, neither in Italy nor in Tunisia. Thus she must have known its faked goods and thus she was sentenced.
Maybe she did not declare the item when returning from overseas and should have paid customs duties. That is a separate issue from buying a fake, and in some countries a serious offense.
If I had bought a pair of sunglasses on the street, I would not know how much a real Gucci pair costs, and I never even heard of D&G. Euro 10 is a lot of money for a pair of sunglasses (IMO), and probably more than I would pay even if it was a real designer brand.
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Thai Women : Meet Matured Thai Women
Posted on: 8:58 am on Sep. 2, 2007
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Mr Alan
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Quote: from NINGNING on 8:07 am on Sep. 2, 2007
It was in a sense that even if you don’t trade these things, you still damage the brand-rights and that law can be enforced (even if its only one).
In the US, if you make a fake Rolex in your basement for personal use and do not sell it, such activities are considered protected speech (a form of artistic expression) protected by the 1st Ammended right of Free Speech.
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Bangkok Girls : Meet Attractive Thai Girls
Posted on: 9:03 am on Sep. 2, 2007
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