Unauthorized use of the Alembic Logo on eBay

Started by sonicus, August 14, 2017, 06:41:42 AM

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sonicus


Real Alembic logo,Lefty Fernandes FAB1700 

Item no: 182716560364
Seller: cby40760
I am not happy to see this kind of act showing blatent intent.


Here is a direct link;
Real Alembic logo,Lefty Fernandes FAB1700  | eBay

edwardofhuncote

Our British brother Jazzy caught that one too Wolf... Definitely. Not. Cool.   :(

http://club.alembicguitars.net/index.php?topic=23040.0

At least they (the seller) aren't trying to pass a Fernandes off as an Alembic with this ad. What bugs me about it - knowing how easily someone else may be taken by it later.

sonicus

I am not fully knowledgable of the law regarding this case , however ; the fact that the instrument is NOT Alembic and has the Alembic logo on it shows fraudulent intent from my personal perspective. In my opinion as an act of good faith the seller could remove the logo from the instrument and release it and send it via registered parcel to the Alembic Mothership  . :)

lidon2001

#3
Alembic protects their designs.  Now that they have been informed, they will act accordingly. 
2005 MK Deluxe SSB, 2006 Custom Amboyna Essence MSB, Commissioned Featured Custom Pele

sonicus

#4
From my philosophical  view point that does not solve the problem but only aids the seller and the potentially  fraudulent act. :)  That is my opinion ;) AS well in my opinion Ebay could educate the seller as a measure of good housekeeping that  " Trade Mark Infringement "is not at all cool .

lidon2001

How can it be fraud when they are clear in their description?  Honesty = fraud?
2005 MK Deluxe SSB, 2006 Custom Amboyna Essence MSB, Commissioned Featured Custom Pele

lidon2001

#6
Billy Gibbons plays ghost built Les Pauls and Gretschs.  Fraud?


I know it's not the same, but it is close.


A fan got a hold of a logo.  He/She puts it on his Fernandes since Alembics are very expensive and he can never afford a real one.  He/She has chosen to sell the bass, and is clear as to what it is in his explanation.  We as a club have been made aware, and can watch for it in the future.  If Mica wants to contact him/her, that's good.


Projecting what a seller "should" do, when he/she has done exactly that in their description, is not fair.  If anyone thinks they can do better, buy the bass and do what you believe to be correct without comment.  You'll have a nice story to share with the club, and your heart will feel good.  That's how you make the world a better place.  Action, not words.





2005 MK Deluxe SSB, 2006 Custom Amboyna Essence MSB, Commissioned Featured Custom Pele

sonicus

#7
Clearly the Alembic Logo has no " Honest" place being on this instrument. How could anyone disagree with that ? :)

lidon2001

It's just a bass.  Alembic protects their designs.  These comments happen every time.  I don't get it...
2005 MK Deluxe SSB, 2006 Custom Amboyna Essence MSB, Commissioned Featured Custom Pele

sonicus


keith_h

As Tom says Alembic protects their trademarks when they are informed of infringement. The seller has been honest about the bass which is more than I can say about the person or persons who put those cheap "Alembic" Precision bass copies on the market. I'm sure Alembic will contact the seller and reach a conclusion that is satisfactory to them.

sonicus

Indeed Keith . What continues to amaze me is how blatantly this is all displayed and described and yet eBay has not acted yet within their own guidelines of their own rules as far as " trademark infringement" .:)

Philip-M-Bass

Hey everyone!

I recently started a thread concerning "Alembic Knock Off's", what you have all discussed here, is in fact, a very real problem!!

When you all have moment, please read this article that deals with Gibson lawsuit!!

http://flypaper.soundfly.com/discover/truth-lawsuit-era-guitars/

Thanks.

sonicus


lbpesq

The whole "lawsuit guitar" myth, and its many variations has been around for years.  My favorite is the story about U.S. agents descending on a music store in Denver, seizing all of their Japanese "lawsuit" guitars, and literally cutting off the headstocks in the store's parking lot!  Gear visual - B.S. story.   

I am not a copyright specialist, though I did take copyright and entertainment law classes in law school from the Beatles' American lawyer.  Unfortunately, I haven't looked at copyright law (except to copyright some of my own tunes) since then.  The fact that the seller is being very clear and honest that this is not an Alembic is legally significant, as I recall.

Bill, tgo