[CR]Disposition of Counterfeit Goods.

(Example: Framebuilders:Pino Morroni)

Date: Fri, 1 Dec 2006 09:53:53 -0800 (PST)
From: Jerome & Elizabeth Moos <jerrymoos@sbcglobal.net>
To: classicrendezvous@bikelist.org
In-Reply-To: <633445.67270.qm@web82212.mail.mud.yahoo.com>
Subject: [CR]Disposition of Counterfeit Goods.

Haven't received a response yet from the seller of the "nonauthenic" Nalini, Santini and Giordana team jerseys. As I said, these jerseys had the logos of those companies on the outside, but inside the garment were cheap paper tags of a company called "Austy". So either these are ouright counterfeits or inferior copies made under a licensing agreement. Can anyone imagine these companies would license the use of their jersey designs and logos in this way? It seems particularly unlikely "Austy" could have obtained licenses from all three of these Italian companies.

It seems rather odd to me that a company engaged in flagrant counterfeiting would actually be so bold as to place their own label on the garment. Isn't this just inviting a lawsuit or prosecution? But perhaps I am naieve, and patent and copyright laws are so completely ignored in some countries that the counterfeiters openly advertise.

Assuming these do turn out to be outright counterfeits, and knowing there are at least a couple of lawyers on the list, what is the proper disposition of counterfeit goods, in the unlikely event I manage to obtain a refund? I mean, is it necessary or even legal to return counterfeit goods to the seller, or should they instead be destroyed or returned to the legitimate trademark holder? I know the technically proper measures may not be practical, since the Italian companies may not want to bother receiving the counterfeits, but I am curious what the law is in this area.

Regards,

Jerry Moos
Big Spring, TX