They're selling fakes at my university **update 1**

kneehighz

kneehighz

mood: PRADA!
Jun 13, 2007
1,918
6
#1
This is the follow up to the original thread for those interested (original: http://forum.purseblog.com/handbags...ng-fakes-my-university-what-i-did-180862.html )

I wanted to post earlier because I needed advice but didn't get around to it:sad:. I got a letter from the guy I met with at the student union. I'm going to attempt to attach it, hopefully it'll be big enough.
attachment.php


I'm not a good public speaker (kind of shy:sweatdrop:) and I've never done anything like this. The meeting is tomorrow. I wish I posted this earlier..ugh. Based on the input I get here I could always go to a future meeting. If I did present my "case" what would I say that I already didn't? I don't get this guy:cursing:..it seems like they can sell them because the vendor isn't vocally saying they are real, but the bag freakin SAYS the name on it! :cursing::cursing::cursing: How lame is that..so is it now ok for me to sell fake Rolex's as long as I don't tell anyone they're not real? AAHHH!!! Stupid stupid :throwup: There are no emoticons that express my emotion. PLEASE ADVISE...
 

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#2
That's a flat out stupid thing for your Student Union to put in writing. I'd send that to the local newspaper. Then again, I tend to do things like that without thinking...what's your comfort level?
 
#4
Yeah, maybe the newspaper isn't a good idea, but maybe if you can gather the courage you can walk into that meeting they invited you to (with your gorgeous Spy, of course, I love it!) and gracefully and calmly explain to them why it's wrong to steal others' intellectual property. You said you're shy...do you think you could do it? We can help you come up with stuff to say!
 
#7
I think you outlined it well in your original thread, so go write down the bulletpoints on 1) it's wrong to steal others' ideas 2) that there are reports that funding from the sale of the goods may go towards terrorism and other unlawful activities. Then if they don't get that, go on to how people are being decieved - just because you don't SAY something is real doesn't mean you're not passing it off as real. Come on, if the logo is on it and it's not made by the atelier then it's not real! It's almost like omitting truths that are very, very relevant to the decision making process. I'm sure that there are girls at your University who are getting duped by these people.

Ugh I'm getting all bent out of shape by your University leadership over there...I totally feel your frustration.
 
#8
That's bullsh*t! Even if the vendors never say they're real, they are still illegal! If they have the brand tags on them, they are counterfeit. Counterfeiting is a federal offence! It doesn't matter if there is a local ordinance against such things or not. There is a federal law against it.

If the local news is still intersted, hand this letter over to them. You might also want to let Mr. Kyle Voyles know that whether or not they claim the merchandise is real is of no consequence, the vendors are still committing a federal crime on university property.
 
#9
It seems that as long as you can prove that they are fake then you shouldn't have a problem. From the letter the vendors are saying that the bags are real and it seem that the guy who wrote the letter believes the vendors over you. So I think that will be your biggest challenge. I don't think you need to explain why selling fake bags is a problem. They are a University they would be in a lot of trouble if they were caught selling fake bags.
 
#10
kneehighz said:
I was so angry and felt so hopeless that I didn't even THINK of that....:devil::devil::devil::devil::devil::devil: Watch them find a *loophole* and expel me.
Click to expand...


If they do, then report that too. If they are under public scrutiny they probably won't expel you though. Is voice recording legal where you are? If it is, you could put a small digital recorder in a pocket and go up to a vendor as if you were buying and see if they represent them as real.
 
#11
From Texas Business and Commerce Code, Chapter 16: § 16.26. INFRINGEMENT OF REGISTERED MARK. (a) Subject to Section 16.27 of this code, a person commits an infringement if, without the registrant's consent, he (1) uses anywhere in this state a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with selling, offering for sale, or advertising goods or services when the use is likely to deceive or cause confusion or mistake as to the source or origin of the goods or services; or (2) reproduces, counterfeits, copies, or colorably imitates a mark registered under this chapter and applies the reproduction, counterfeit, copy, or colorable imitation to a label, sign, print, package, wrapper, receptacle, or advertisement intended to be used in selling, leasing, distributing, or rendering goods or services in this state when the use is likely to deceive or cause confusion or mistake as to the source or origin of the goods or services. (b) A registrant may sue for damages and to enjoin an infringement proscribed by Subsection (a) of this section in a district court having venue. (c) If the district court determines that there has been an infringement, it shall enjoin the act of infringement and may (1) require the infringer to pay the registrant all damages resulting from the acts of infringement and occurring from and after the date two years before the day the suit was filed; and (2) order that the infringing reproductions, counterfeits, copies, or colorable imitations in the possession or under the control of the infringer be (A) delivered to an officer of the court; (B) delivered to the registrant; or (C) destroyed. (d) A registrant is entitled to recover damages under Subsection (c)(1) of this section only for an infringement that occurred during the period of time the infringer had actual knowledge of the registrant's mark.
 
#12
From Texas Penal Code: § 32.23. TRADEMARK COUNTERFEITING. (a) In this section: (1) "Counterfeit mark" means a mark that is identical to or substantially indistinguishable from a protected mark the use or production of which is not authorized by the owner of the protected mark. (2) "Identification mark" means a data plate, serial number, or part identification number. (3) "Protected mark" means a trademark or service mark or an identification mark that is: (A) registered with the secretary of state; (B) registered on the principal register of the United States Patent and Trademark Office; (C) registered under the laws of another state; or (D) protected by Section 16.30, Business &Commerce Code, or by 36 U.S.C. Section 371 et seq. (4) "Retail value" means the actor's regular selling price for a counterfeit mark or an item or service that bears or is identified by a counterfeit mark, except that if an item bearing a counterfeit mark is a component of a finished product, the retail value means the actor's regular selling price of the finished product on or in which the component is used, distributed, or sold. (5) "Service mark" has the meaning assigned by Section 16.01, Business & Commerce Code. (6) "Trademark" has the meaning assigned by Section 16.01, Business & Commerce Code. (b) A person commits an offense if the person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a counterfeit mark or an item or service that: (1) bears or is identified by a counterfeit mark; or (2) the person knows or should have known bears or is identified by a counterfeit mark. (c) A state or federal certificate of registration of intellectual property is prima facie evidence of the facts stated in the certificate. (d) For the purposes of Subsection (e), when items or services are the subject of counterfeiting in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the retail value of the items or services aggregated in determining the grade of offense. (e) An offense under this section is a: (1) Class C misdemeanor if the retail value of the item or service is less than $20; (2) Class B misdemeanor if the retail value of the item or service is $20 or more but less than $500; (3) Class A misdemeanor if the retail value of the item or service is $500 or more but less than $1,500; (4) state jail felony if the retail value of the item or service is $1,500 or more but less than $20,000; (5) felony of the third degree if the retail value of the item or service is $20,000 or more but less than $100,000; (6) felony of the second degree if the retail value of the item or service is $100,000 or more but less than $200,000; or (7) felony of the first degree if the retail value of the item or service is $200,000 or more.
 
#13
And here is a link to the federal law: http://www.law.cornell.edu/wex/index.php/Trademark. Sorry about the lack of paragraphs. I'm at work, and whatever settings they have here, I can't do paragraph breaks. The reason I'm posting all of this is that there is no doubt these vendors are violating the law (regardless if there is a city ordinance or not), and by letter, the school has admitting to knowing that fact. Make this your theme: you know a crime is going on on campus, why are you allowing it?
 
#14
Why does the letter say Tuesday, the 20th? Isn't the 20th Thursday? I was going to offer to come with you for moral support, but I don't think I can get away during lunch on Thursday.
 
#15
Major props to you! The links between counterfeiting and organized crime/terrorism are very real. It is absolutely shameful that a major university would turn a blind eye to something like this. Dana Thomas wrote an interesting editorial on this in the New York Times a few weeks ago. Here’s the link. You also might be able to pull it up on lexis-nexis at your school. Good luck to you!!
 
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