Well the problem I posted about below has escalated. This is an Australian seller of pro team jerseys including this Kelme jersey. The team is On-Topic though not this particular version of the jersey. There is also an Once jersey offered which might be on topic.
I emailed the seller twice asking for any information he had to offer that these jerseys are not outright counterfeits. No response. So I filed a Paypal complaint this afternoon saying the jerseys are apparent counterfeits and that the seller refuses to respond. Within hours he filled 6 complaints with eBay claiming nonpayment for the 6 jerseys.
I had been giving this guy credit for being at least clever, but how stupid do you have to be to claim nonpayment when the payment was made through the eBay-owned PayPal and PayPal records immediately prove you a liar?
I've asked for a full refund with the counterfeit goods to be disposed of as the trademark owners direct, if they respond. I had thought it barely possible, though extremely unlikely, that "Austy" might by some miracle have licenses from Nalini, Santini and Giordana to manufacturer these goods. If he had presented any credible evidence of this, I would have settled for a modest partial refund, as these are clearly inferior to the originals, but not totally terrible for the price.
However, given this guy's agressive, fraudulent and really stupid response to the issue, I'd recommend that all CR members avoid him, as it now seems impossible that these could be licensed cheap copies. And even if one were inclined to buy inexpensive counterfeits, I don't think one wants to deal with a seller like this. BTW there is another seller on Australian eBay offering many of the same jerseys at similar starting prices with silimar discriptions. I'd be rather cautious of that one as well, as it is possible these are the same counterfeit goods, and perhaps the same seller under a different eBay name.
Regards,
Jerry Moos Big spring, TX
beth Moos <jerrymoos@sbcglobal.net> wrote: 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