Association of Figure Manufacturers

[Claude Portsmouth]

Having seen threads going round and round in circles on the subject of recasters and the exasperation felt by both modellers and producers............would something like the above be a step to finding something with enough clout to make a difference?

Have any of the Major producers considered this as an option, Andrea, Pegaso?

If I had a business seriously affected I would,

1) Consult Ebay Legal department to establish their policy towards fake goods
2) Contact other companies affected by fake goods (Fashion houses would be a good starting point) sold on Ebay to establish what if any success they have had in preventing this. What advice could they give to players in a market with whom they are not competing.
3) Establish the possibility of an Association to try and provide a firm foundation on which to tackle this problem.

I really can't see that a few Mails from members of PF no matter how well meaning is going to make these people go away. The Market is too large and there are too many vested interests for any action to be effective unless it is prompted by the Suppliers themselves, and even then there would have to be a united front with several parties involved.

I apologise if this has already been done............it was just an attempt to think outside of the box and find something positive.

Claude.....

 

[Gaudin]

An association like that could put together some funds to help with legal cost.

Another thing to consider is may be individual donations to such cause, as there are enough of individuals with such level of commitment to hobby.

Bear in mind that in case of successful litigation these costs will be recovered ( so its a friendly loan, really )....

Add damages into this fund and the thing will pretty much run itself (so in fact it could be an investment opportunity, folks )

Just a thought.

 

[Gary D]

Nice idea. Any Lawyer types out there willing to comment from a legal point of view to help this worthy cause?

Gary

 

[elgreco]

We fully appreciate the goodwill being shown here in favour of us manufacturers and resellers. However, bearing in mind the cases lost against Ebay and its counterfeit sellers by corporate giants such as Chanel, L'Oreal, Givenchy, etc., it is like fighting a losing battle. See this article: http://www.theguardian.com/technology/2009/may/22/ebay-loreal-court-case-counterfeit. This case continued until 2011 where L'Oreal won in the ECJ but you will still find their counterfeit on Ebay for sure.

There is no control on Ebay. A counterfeit seller can open an infinite number of accounts using different email addresses. This will only slow down/stop when modellers stop buying the counterfeits.

It cost us a few hundred pounds to prove that we were rightful resellers of Magic Sculp when an Ebay seller reported us to Ebay that we were selling a counterfeit product when it was he himself who was actually re-manufacturing the product himself. We had Magic Sculp off Ebay for 6 months due to this (as Ebay would not consider re-instituting our products until the case was resolved externally) and it was only after threatening action and intervention with the Intellectual Property Office that he dropped the case. Guess what... he is still trading on Ebay with a different username and product name...

None of us have the clout of the big corporate giants. Unfortunately money talks and as long as Ebay is getting their seller fees and sales fees, they are happy. I think there would be better luck with Paypal which works more in favour of the seller in most instances in our case. And that is why we only have limited items on Ebay..... but that is another matter.

Celine

 

[elgreco]

PS. We asked our IP solicitor whether we should consider going to the Small Claims Tribunal to recover costs for legal expenses and loss of sales. She said we would more than likely win the case but actually getting the other party to effect payment for such losses would be another matter altogether....