Selling "Homage Watches" Legal?

[Ginault 0]

Newbie's saying hi.

 

I'm about to leave the current job and venturing into a watch company. I've been consulting with several lawyers but none can give me a definite answer - is selling "Sterile Homage Watch" legal domestically in the US?

 

Like this:

 

I found this is perhaps the best place to ask this question.

 

Thanks

 

Charles

[narikaa 129]

Invicta has been doing it for years

 

 

.

[NFleischer 4,355]

I had heard that PAM was giving Getat and MT a hard time because of TM issues with the cg's.

 

Doesn't seem to stop them.

[wizawuza 0]

I am in no way a lawyer, but I *think* part of the reason companies like Invicta work is because it is VERY obvious it's not a Rolex (or whatever), it's an Invicta. In other words, they don't simply omit the Rolex branding, they also plaster their own ugly (imo) branding all over the product.

 

Hell look at Hyundai cars over the years.. some of their models have blatant copying from numerous other companies.. but it's clearly a Hyundai still.

 

As for the PAM thing, I believe the CG is patented, which isn't the same thing as what we're talking about here /w homages.

[KeNnY 29]

If you leave any branding, what companies have patent in US, you should be OK.

[PatronSaintofChainsaws 1]

As for the PAM thing, I believe the CG is patented, which isn't the same thing as what we're talking about here /w homages.

 

Trademarked. The patent expired many years ago.

[Aren 27]

The definition in Latin of Invicta is unvanquished or undefeated. Well, they have been successful...at least so far. To me this is called..."take 'em in and shake 'em down."

 

Don't you think people are better off with quality reps and plausible deniability for possession?

 

Who questions where their gifts come from? Do you? I don't. Are you responsible for what another sends you in the mail?

 

When you go grocery shopping do you ask if Draconian labor practices were involved in butchering that name brand chicken you bought, or were people/children taken advantage of when that shirt you got at Walmart was manufactured? What, if any responsibility do you have other than your own conscience for anything you do, or anything you purchase? Do you have responsibility for determining the value, legitimacy and authenticity of a gift?

 

If you want to go into business, why don't you get a patent/trademark attorney to provide a legal opinion in writing to CYA...of course, no law firm will want to take professional responsibility and potentially impact their professional liability insurance on your behalf...so, they will be happy to charge you up the wazoo for an opinion in the form of a brief which argues for both positions, leaving you in the place you are already...sans your money.

 

If after that...you still can't tell if you are at the table or on the menu, why don't you inquire about forming a Limited Liability Company in accordance with your attorney's suggestions.

 

The better question is asked of an insurance company. These are the people who will put their legal counsel's scrutiny to the task of your inquiry. Can you get insurance for your venture? ..that is your real issue.

 

If you have no idea what is being suggested here...then I suggest you rethink your endeavor and do the research with facts and figures and appropriate legal counsel and insurance advice instead of posing your inquiry in a forum of replica watch collectors.

 

Good Luck! :P

[Dr Yan 8]

Aren rocks !!

[Ginault 0]

The definition in Latin of Invicta is unvanquished or undefeated. Well, they have been successful...at least so far. To me this is called..."take 'em in and shake 'em down."

 

Don't you think people are better off with quality reps and plausible deniability for possession?

 

Who questions where their gifts come from? Do you? I don't. Are you responsible for what another sends you in the mail?

 

When you go grocery shopping do you ask if Draconian labor practices were involved in butchering that name brand chicken you bought, or were people/children taken advantage of when that shirt you got at Walmart was manufactured? What, if any responsibility do you have other than your own conscience for anything you do, or anything you purchase? Do you have responsibility for determining the value, legitimacy and authenticity of a gift?

 

If you want to go into business, why don't you get a patent/trademark attorney to provide a legal opinion in writing to CYA...of course, no law firm will want to take professional responsibility and potentially impact their professional liability insurance on your behalf...so, they will be happy to charge you up the wazoo for an opinion in the form of a brief which argues for both positions, leaving you in the place you are already...sans your money.

 

If after that...you still can't tell if you are at the table or on the menu, why don't you inquire about forming a Limited Liability Company in accordance with your attorney's suggestions.

 

The better question is asked of an insurance company. These are the people who will put their legal counsel's scrutiny to the task of your inquiry. Can you get insurance for your venture? ..that is your real issue.

 

If you have no idea what is being suggested here...then I suggest you rethink your endeavor and do the research with facts and figures and appropriate legal counsel and insurance advice instead of posing your inquiry in a forum of replica watch collectors.

 

Good Luck! B)

 

Thanks Aren! Great tip on the insurance company. I should ask around about that.

 

Charles

[trailboss99 995]

It really depends on the watch. The Sub you posted is no issue because the design ran out of reg ages ago.

Rotary and the likes make Breitling homages aparantly with no issues and a lot of the FM stuff (happy hours in particular) is copied ad-infinitum. The only real bone of contention is the Panerai crown guard. Forget the sterile approach tho, design you own brand to fill in all that vacant dial real estate. it's boring being empty.

 

 

 

Col.