Yep that’s “passing off” in uk law at least. Based on the pictures there would be strong case and there’s plenty of legal precedent
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Fake Dark Glass Pedals
- Thread starter kirkdickinson
- Start date
Is DarkGlass not trademarking or registering their Pedal/Product names?
The use of the exact pedal names seems blatantly infriging and/or the result of Darkglass not taking basic IP protections.
Pedal Clones are a long-standing legality that doesn't bother me, but the copying of a specific name would definitely put me off supporting that company.
The use of the exact pedal names seems blatantly infriging and/or the result of Darkglass not taking basic IP protections.
Pedal Clones are a long-standing legality that doesn't bother me, but the copying of a specific name would definitely put me off supporting that company.
Strictly speaking not counterfeit but quite possibly “passing off” but I take your point
The legal costs in pursuit of this will be huge so Dark Glass would need to do their sums very carefully first
Counterfeit is easier to pursue than passing off.
No to mention the fact that you'd have to add on the complexities of this being international. Historically the Chinese government has a horrible track record in enforcing IP rights. Even as recently as 2020, US government investigations have noted numerous violations of the Trade Act of 1974 as it relates to China's IP theft and lack of enforcement of protections.
Buy what you want, it's your money. My personal opinion is that these companies are engaging in what is essentially state-sponsored IP theft.
I don't think anyone has bought a DemonFX pedal at a fraction of a Darkglass pedal and thought they were buying the real thing. These are for people who don't want to spend or can't afford the Darkglass pedals. I agree that you vote with your money and if you want to support the innovators (Darkglass) you should buy their pedals and not the knock-offs.
In my own industry, we had a company knock-off one of our car parts and all they had to do was change a few little things and it was completely fine and legal. Yes, we paid a lawyer too much money to learn this.
In my own industry, we had a company knock-off one of our car parts and all they had to do was change a few little things and it was completely fine and legal. Yes, we paid a lawyer too much money to learn this.
You are correct you could end up doing a world legal tour having to employ a new legal team in each jurisdiction.
I worked as a technical expert for a top London law firm on a dispute relating to a pharmaceutical product. The client spent a gargantuan amount of money protecting its IP. The money at stake was millions so was probably worth it to them
...yours is false reasoning. As we know one cannot really patent or protect one's constructed SIGNAL PATHWAY... Therefore since seeking enforcement will take loads of $$ - the decision is to ALLOW THE CLONES. Now - one may make the argument that replicating COLORS, FONTS, and other AESTHETIC ELEMENTS does cause one to pause... it's not up to the consumer to SELF REGULATE. Anyone who would disparage a MOTHER FROM PURCHASING HYDROX COOKIES (instead of oreos) as they are a fraction of the cost would be seen a a J@CK@$$... therefore - no one should disparage the player from making choices that allow them the quality of life they wish.
Aside from the fact that Oreo copied Hydrox, I mostly agree with this.
Though I will disparage the company that is nothing more than a rip-off artist.
As I said about self respect. Sorry to hear about the passing of yours.
Personal attacks. Classy. It’s amazing how angry some of you get over a pedal you aren’t forced to buy.
The line is when the layout, cosmetics, logos, and product name are identical.
"My friend, bass player, told me to check out a Microtubes B3K"
"oh wow, that looks like a good deal there on the right"
"oh wow, that looks like a good deal there on the right"
1) I'm not angry; 2) I said it all in the post he quoted - his response proved my point rather than refuting it; 3) Are you really arguing in favour of counterfeits?
Anticlimactic, I know, but I'm a little less surprised than I should be that some people seem to have so little self-respect that they're arguing that their own moral bankruptcy is the responsibility of external market forces.
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A surprising (and disappointing) number seem to be.
.... and ya, I'm sure that $50 ripoff model is better built than the Darkglass unit...
Absolutely or your wife/ GF goes into a store or online and spots the B3k you asked for. I suspect that it’s a more common occurrence than some might imagine.
Estimating your actual loss would be a costly nightmare but to sue for damages you need that figure
In my experience Joyo makes higher quality Chinese clones than Demonfx. I live in Asia where Western made boutique pedals are very expensive and hard to come by. You see Joyo, Demonfx, Nux etc all over the place here. Demonfx just came out with a clone of the bass simplifier station for under $100 but haven’t seen any reviews on it yet.
