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BJD makers threatened by China-based counterfeiter / trademarks

Apr 26, 2018

    1. Boop I'll leave brief update!
      Since they need to organize a bit


      The meeting happened on 21st of June
      - Hired ENTIRE lawyer office
      - SIX lawyers, who are experienced with winning on trademark issue happened in China past times.
       
      • x 32
    2. Ah that is some good news! And I'm sorry if I missed it somewhere, which of the doll companies will they be representing again? Thanks for keeping us updated!!
       
    3. Wow, I finally see some light in the end of the tunnel! Its just infortune not all companies are in this deal, cause some are really small ):
       
    4. More detailed updates

      It's going to take at least three years.

      1) They are going to fight over trademarks; about a year-long process
      2) Register themselves as rightful owner; about a six-month-long process
      3) Sue LUO in China, and take all of his counterfeit BJD dolls; about a year-long process
       
      • x 38
    5. Oh, the 3rd step is going to the hobbie so well! I'm happy it was decided like this. But for the 3rd to work 1st and 2nd must go well, so lets root for the companies!
       
    6. Ahhhh hopefully this gets us somewhere! I'll be here waving my flags and urging the companies on, willing them to stay strong in this fight.
       
      • x 1
    7. Oh, we're all wishing them the best of luck *.*
      Thank you for keeping us informed @Gockt !
      Even if not all companies and artists can be a part of it hopefully if things work out the example will help protect them too!
       
      • x 3
    8. I think @Gockt said it was Sadol, Dollshe & Soom. But I don't know if others are involved, those are just the ones I saw Gockt mention, hope that helps ;)
       
      • x 1
    9. Great to hear there are some clear steps now! Two years are well worth it :). I do wonder tho, how will they be able to get all the recast? Or do you mean the molds? Like it sounds impossible to track all the sold dolls. And even with the molds disposed off couldn't he be holding a few back in secret and after a while secretly start over again? Sorry for playing the devils advocate, don't want to trample the hope :/
       
      • x 1
    10. I'm super glad to hear that the BJD companies are fighting back against this unrepentant and shameless thief!
      Wish it could happen a heck of a lot sooner than 1 to 3 years, though. But hey, it's good that they're going to bat for
      each other!
       
      • x 1
    11. They are only the biggers in the group, cocoriang is the one in the group sending the informations, chicabi, be with you, darak-i, migi doll and rosen lied are also included.
       
      • x 1
    12. @Mademoiselle Grymms
      I guess all the premade recast BJDs and molds as well. There's no point if you don't get rid of the mold, right? lol
      Since they are going to do some lawsuit on LUO inside of his own country; China, if he does suspicious activity in the future, then he might be just being an idiot for sure.

      We cannot track down all the recast dolls, because it's lots of time and work for sure, and there's not really a nailing proof that they are recast if they reject to cooperate. I don't know how that part works either and that's not a big concern right now :8
      I heard you cannot buy counterfeit goods in US it's against law, and I do know some countries takes selling counterfeit goods are the illegal action as well. but again, that's just way too complicated DX


      BUT SIDE TALK, in Canadaland there's place called Pacific Mall and this happened yesterday
      Police raid finds thousands of counterfeit items at Pacific Mall


      "Counterfeit goods, whether smuggled into the country or produced in Canada, represent a financial loss to legitimate businesses, governments and taxpayers. As these goods are often cheaply made and not up to Canadian standards, they not only defraud consumers but may also pose risks to consumer safety."


      And this is York Regional Police news
       
      #752 Gockt, Jun 28, 2018
      Last edited: Jun 28, 2018
      • x 16
    13. @Gockt Thanks for the insight ^^
       
    14. Thank you for updating! I really do hope that the Luo's buisiness will be closed!
       
      • x 2
    15. Wow; up to 5 years in jail for selling counterfeit goods in Canada... I wonder if similar charges are a risk to individual recast owners selling their secondhand dolls, or if that's for retail shops only?
       
      • x 3
    16. @Doll-Mage As long as people can nail it down as THEY ARE SELLING COUNTERFEIT STUFFS, then yeh you can report them for sure. But I guess you need more proof then that, otherwise it's just witch hunt.

      I've started wonder and if we can just report those IG photos with recast friendly user, or recast 2nd hand market people on FB, for owning/buying counterfeit goods. hmmm..... what do you all think :U
      But again, we need to have proof that it IS counterfeit dolls.
       
      • x 4
    17. I don't know how it works in Canada, but in the US, it's like this:
      • If you unknowingly buy/sell a counterfeit good, it is not illegal. You were unaware.
      • If you purchase a counterfeit good for personal use (so you're not planning to resell the counterfeit item, stock it in your store, etc.), it is illegal, but you won't be prosecuted for it (in most cases).
      • If you knowingly sell a counterfeit good, that is illegal and a felony. I believe even on your first offense, it is considered a felony. Something like selling 10-15 counterfeit Gucci purses is obviously going to get you more time than one recast doll, but you are at the very least looking at a hefty fine if you get caught selling any type of counterfeit.
      Please do report sales posts for recasts to Facebook and Instagram. It violates the Facebook Commerce Policies (Point 17- Third-Party Infringement). Instagram, being a Facebook property, also uses these commerce policies. For additional information, please see this Facebook article. Facebook not removing recast sales posts does not mean they're okay. It means someone needs to report the post, because (let's be honest), the counterfeit detection team is not looking for fake dolls. It's looking for fake cosmetics, designer goods, and electronics. The report button is there for a reason, though, and that's to help notify Facebook/Instagram of rule violations when they can't catch it themselves.

      I hope this helped answer any questions. :)
       
      • x 10
    18. As far as I know it's like that in Canada too.
      People are generally assumed to be a victim when purchasing counterfeit goods and it's difficult to prove if people know or not so for buyers they generally don't bother. Selling them is where they go after you.
       
      • x 1
    19. Its also like this here in Brazil, counterfeit goods can be for personal use without being considered a crime, they take the problem as who sells not as who buy or use it for free.
       
    20. I see this as something that will only drive the divide between people, as opposed to encouraging them to go legit. Also, if someone is ID'd as recast friendly simply for being in a FB group or because they use a hashtag, I see that as a form of bullying and bordering harassment of people repeatedly report, message, call for other people to "do something". I prefer education, although i understand that doesn't work for everyone. Positive reinforcement is a better way to go by encouraging legit collection rather than playing social media police and creating an us vs them atmosphere in the hobby.
       
      • x 6