Cuemaker keeping a customer's cue
- Thread starter Fuji-whopper
- Start date
Logo Counterfeit?
I'm no lawyer but I certainly feel the registered owner of a trademarked logo can confiscate an item given to them with a counterfeit logo. Want the item back?, call the police and let it go to court. I'm thinking the best you can do in court is watch the court order it destroyed which is what the logo holder wants in the first place. But like I said, I'm no lawyer.
If you send a prospective Bushka or Gus to Tasc or Barry and they see it as a fake, that's one thing. They can't determine if the maker was faking an original or just making a "tribute". I don't believe either maker had a patented or trademarked process. If the authenticators don't feel the cue is original they send it back. The story might be different if you send Barry a cue that is a signed Gus that Barry determines to be not real with a forgery of his dad's signature but I won't speak for Barry on that.
Send SW a cue with their trademarked logo on the screw counterfeited or send Ernie Gutierrez a cue with either of his trademarked logos counterfeited on a cue he didn't build and I think in either circumstance you are running the risk of not getting your fake cue back without it being seriously altered.
I don't understand how the holder of a trademark can't be allowed to enforce his trademark. Isn't the exact point of having it trademarked to begin with?
Thanks
Kevin
I'm no lawyer but I certainly feel the registered owner of a trademarked logo can confiscate an item given to them with a counterfeit logo. Want the item back?, call the police and let it go to court. I'm thinking the best you can do in court is watch the court order it destroyed which is what the logo holder wants in the first place. But like I said, I'm no lawyer.
If you send a prospective Bushka or Gus to Tasc or Barry and they see it as a fake, that's one thing. They can't determine if the maker was faking an original or just making a "tribute". I don't believe either maker had a patented or trademarked process. If the authenticators don't feel the cue is original they send it back. The story might be different if you send Barry a cue that is a signed Gus that Barry determines to be not real with a forgery of his dad's signature but I won't speak for Barry on that.
Send SW a cue with their trademarked logo on the screw counterfeited or send Ernie Gutierrez a cue with either of his trademarked logos counterfeited on a cue he didn't build and I think in either circumstance you are running the risk of not getting your fake cue back without it being seriously altered.
I don't understand how the holder of a trademark can't be allowed to enforce his trademark. Isn't the exact point of having it trademarked to begin with?
Thanks
Kevin
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Where did you friend sent the Cue, and too whom. AGAIN??? Who "confiscated" it.
I basicly agree but I think that trademark infringments are suppose to be handled thru the courts. I am not saying he/they should just send the cue back,but if they are not going to go thru the courts to clear up the situation,they should return the cue. I personally would want it back so I could make a popsicle out of the person who sold it to me...:grin:
Of course they are handled by the courts and how that happens is he keeps the cue and you (if you want to spend money on a loser) sue to get it back.
The whole idea is to get it authenticated before you own it. If the current owner owns it without authentication then its his risk, if he wants any real money for his cue he's going to need authentication. If you bought it without authentication that's your poor judgment as a buyer. I don't see why the cue maker should be expected to allow a fake copy of his product to be out in the world just so the buyer doesn't get harmed by his own poor judgment.
Kevin
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Sounds like a tricky situation. Maybe talk with the cuemaker/authenticator and try to come to a resolution (alter the cue if possible to remove trademark). Maybe they can trace the origins of the cue and go after that party through the legal system. Nothing in this situation is going to be easy. Maybe your friend can go back to the person that he bought it from. A part from that, sounds like he may need to speak with an attorney 
and then is it really worth the aggravation, etc.
and then is it really worth the aggravation, etc.
Why does it matter who the cuemaker is? Especially without knowing the full details. We only have one side of the story, as relayed by the friend of the cue's owner. And he hasn't exactly given all the details, which is certainly his prerogative.
But knowing the cuemaker won't make any difference to anything. The only thing it will accomplish is giving him a lynching on here, again, without knowing the details.
Because its not his and its not his decision as to weather it should be out in the world.
I totally agree that the fake should not be out there but its not my decision or the cue makers.If the maker is allowded to keep it because of infringments then where should he have to stop to protect them.Should he be allowed to track down the forger and burn his shop,break his hands or worse.
The maker should have contacted the owner and told him it was a fake and offered to remove the counterfit logo and if the owner said no then he should have contacted the athorities.
I think there is probably more to this story than we are getting. How ever if the facts are as presented maybe the cue maker wishes the cue for evidence although i think a case would be hard to bring. How ever should that be the case if you can present a receipt the cue maker should either A. refund your money or B. provide you a cue of his of equal value, or C. return the cue.
I think "A" is definetly out of the question because the maker has done nothing wrong to warrent paying the owner for a fake.If a replacement was offered that would be great but again it is not the cuemakers responsibality. "C" is an option.If I were the one who got had, I would ask him to take the logo off and offer to pay him for his fees. I also think most reputable makers would do this and say thanks,but no thank for the money offer just pay me for the shipping back to you, because they would be glad to get the fake out of circulation. I may be wrong but I also think there is more to this. I have not delt with a lot of custom makers but everyone I have seem to be very stand up people. I cant see them just taking it and saying "TOO BAD". From my experences that doesn't jive with me.
If I were the cuemaker in this situation, I'd definately return the cue! I might run it through the band saw a couple of times first, but all pieces would be returned!
just more hot air!
Sherm
Sherm
I'm sure it has happened to Ernie Gutierrez a million times, but I can think of three:
1) a guy sent him one of those Chinese made decal cues that are copies of a Gina 12A for authentication. Ernie just shipped that cue back.
2) a guy sent him a cheap Adam cue with a poorly done fake Gina logo scratched in the butt, Ernie replaced the butt cap and sent that cue back (with a bill).
3) a guy sent him a pretty good looking faked old Gina with a fake old Titlist Gina metal logo band and Ernie did remove the band and returned that cue (in pieces - titlist forearm intact).
Ernie trademarked both his logo styles and as all companies he has the right to protect his clients by insuring them that items they buy with the Ginacue logo are high quality and hand built by Ernie Gutierrez. Posters that indicate that a maker is under some obligation to return items that infringe on his trade mark just aren't thinking right.
Thanks
Kevin
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I guess until it happens to you, you don't know what you'll do.
Years ago, I had a guy with a forged airline ticket come in to get a cash refund. It had my company's name on the ticket and it was a real ticket but we didn't issue it.
I brought him back into my office and told him it was a forgery and I had called the police, and we were going to sit there until the police showed up. He tried to grab the ticket from me and run, I slammed his hand down and tackled him. He sat there shivering until the police showed up.
They confiscated the ticket, and of course, let him go - with no charges.
So, I guess I did take it personally when it happened to me.
Chris
If I acquired a cue that turned out to be a fake (like the one discussed here), I'd darn sure want it back so I would be able to then go back to whom I acquired it from for remuneration.
I can tell you this. I would certainly be pi$$ed if 1. I couldn't get it back from the cuemaker be cause it's being held hostage or 2. it came back to me in pieces.
To each their own, I guess. There's also probably more to the story here than meets the eye.
I can tell you this. I would certainly be pi$$ed if 1. I couldn't get it back from the cuemaker be cause it's being held hostage or 2. it came back to me in pieces.
To each their own, I guess. There's also probably more to the story here than meets the eye.
Chris
You are a stud to have done that and as you pointed out you don't know until it happens. Before that event if asked if you would restrain the guy you'd probably had said no, but when the time comes is when we find out.
Thanks
Kevin
If I acquired a cue that turned out to be a fake (like the one discussed here), I'd darn sure want it back so I would be able to then go back to whom I acquired it from for remuneration.
I can tell you this. I would certainly be pi$$ed if 1. I couldn't get it back from the cuemaker be cause it's being held hostage or 2. it came back to me in pieces.
To each their own, I guess. There's also probably more to the story here than meets the eye.
IF MY CUE CAME BACK TO ME IN PIECES, YOU BETTER BELIEVE THE CUEMAKER WOULD BE PAYING ME FOR THE CUE.
IF THE CUEMAKER WANTS TO REMOVE THE LOGO, I HAVE NO ISSUE WITH THAT, AS LONG AS THE CUE IS IN AS GOOD A CONDITION AS I SENT IT TO HIM, OR BETTER. IF THE CUE WAS TRASHED, IT WOULD BE ON HIM TO PAY ME. IF I CAN'T RETURN THE CUE FOR MY MONEY BECAUSE OF WHT WAS DONE TO THE CUE WHILE IN HIS POSESSION, IT WOULD BE HIS RESPONSIBILITY.
Marcus
Sweet Marissa
www.Bella-Muse.com
Then those cops are idiots. Fraud is a crime. What if it had been counterfeit $100 bills.
I guess a wink is just too subtle for this forum. Do you have to spell out that you're trying to bring to levity to the subject? Oh well, I thought it was funny! LOL
just more hot air!
Sherm
if it had a fake logo then i could see the maker taking that off. but keeping the cue or messing with any other part of it is criminal. it was sent to verify it not to have it confiscated.
without now knowing who it was how could anyone send any high dollar cue to anyone for verification knowing that it might be taken away or ruined by someone reputable at cue making. what if it was real and the cuemaker made a mistake. or if it was real and had be repaired years before and changed somewhat.
without now knowing who it was how could anyone send any high dollar cue to anyone for verification knowing that it might be taken away or ruined by someone reputable at cue making. what if it was real and the cuemaker made a mistake. or if it was real and had be repaired years before and changed somewhat.