[CR]RE: "Fake" Hetchins

(Example: Books)

From: "Jim Cunningham" <cyclartist@home.com>
To: <classicrendezvous@bikelist.org>
Cc: "peter naiman" <hetchinspete@hotmail.com>
Date: Sun, 30 Dec 2001 14:19:40 -0800
In-Reply-To: <F237JWNDIT6bB5Rw1SS0000c4ed@hotmail.com>
Subject: [CR]RE: "Fake" Hetchins

It does seem that this is an issue for the lawyers to sort out. The ad is misleading in its assertion that Hetchins is "back", implying that prior producers had ceased or abandoned the marque.

I contacted David Miller regarding the first of the fake Hetchins I have seen. I was concerned because the frame in question was poorly built. We had to rebuild the form to bring it up to reasonable standards. I don't know if it was from Omega or not, I understood it to have come through Harry Butler, but don't know if there is a relationship there.

All I know, is that although I offered photos or even to send the actual frame to David Miller as evidence, he seemed unwilling to take serious legal action. He may have let this get away from him.

David Miller OK'ed my customer's request that the frame be refinished with Hetchins decals. Something I would have refused to do without Miller's OK. Although the frame looked and rode fine by the time we finished with it, I was uneasy enough about the whole deal to insist on the application of a special model name decal I made up for the bike. See photo at this link: http://www.cyclart.com/photos/Recent%20work/magnumBogus.jpg

Any maker who does not defend his trademarks, by preventing reproduction an unauthorized sale of trade name decals for example, risks loosing exclusive use of his trademarks. We may soon see all manner of famous names knocked off and new makers arguing that the exclusives have been broken, because trade names were not maintained. When doing business in Taiwan, I was appalled by the widespread cloning of famous names and the delight the locals took in showing off the fakes. In this case, perhaps Omega feels the market for this bikes is not adequately served, and has chosen to exploit a legal vulnerability.

Jim Cunningham CyclArtist Vista, CA

---Original Message----- From: peter naiman [mailto:hetchinspete@hotmail.com] Sent: Sunday, December 30, 2001 1:39 PM Subject: Fwd: Fw: C+ advert in January 2002 This letter was sent to me by Andrew Moore, a fellow cycling enthusiast in the UK, with regard to Omega Cycles production of "Fake" Hetchins. If you are not familiar with this controversy please write me for a further explanation.

With this note there is an attachment which is an ad for Omega Cycles which includes there email address and phone number in the UK. I would encourage members if possible, to email letters to Omega Cycle about this issue and ask that they stop production of fake Hetchins and that we will spread the word about this issue to others in the lightweight community. Hopefully this will either pressure them to stop production or will limit there production so severely that they will die of from lack of business.

If this attachment does not come through, please email Andrew Moore at this address. <andrew.d.moore@btinternet.com> . The phone number of the fake makers is 01144 1322 660 451 and the Email address is sales@hetchins.com. Lets support David Miller, the true maker of Hetchins.

Peter Naiman Boston, Mass
>From: "ANDREW MOORE" <andrew.d.moore@btinternet.com>
>Date: Sun, 30 Dec 2001 09:50:16 -0000
>Dear All
>Attached is an advert from Omega Cycles with regards to what best can be
>discribed as a copy of the original and at worst a FAKE. The advert seemes
>to be mistaken with regards to it's comment about being back, "to be back
>you first have to go" As we all know the geniune Hetchins has never
>stopped trading.
>I've passed the details to both David Millar and Flash
>Happy new year to you all
>Andrew Moore
>Wiltshire England