Any patent lawyers on TRF? Wondering about "legit" fakes and The Madrid Protocol

[marathonmatt]

Having read another post about Sub look alikes that are not branded as Rolex (like Steinhart and Squale, as opposed to outright fakes) I was curious about the Madrid Protocol and whether Rolex is registered, or if it even applies.

Seems like every other watch company out there makes a copy of a Rolex design.

Thanks.

Matt

[jolimont]

legit fake= oxymoron

I don't mind homage brands like Invicta etc as long as it stops people from buying fakes, not everyone can afford a Rolex

[joe100]

Even Omega outright copied the Submariner bezel on the Seamaster 200 and they're blood enemies.

[77T]

Patents eventually expire and pass into public domain. Trademarks do not as long as they're renewed.

If a technology is used or copied after it expires, then it's permitted.

[marathonmatt]

Gotcha. Here is Australia, copyright infringement is rampant and fake Rolex watches are everywhere.

Oxymoron. Too funny! Agreed.

[withthesword]

actually, i find myself wondering more about brands that fade and then are revived by some corporation. i remember reading about a couple famous watch brands that started in the late 1800's, faded away, and then were revived under that brand again.

would you consider it a 'genuine fake?'

consider hypothetically, a brand like Rolex. if people were suddenly to lose interest in them, and eventually the brand faded away, if a company 50 years post collapse revives the brand would it be considered an homage or the real deal?

[77T]

Originally Posted by withthesword

actually, i find myself wondering more about brands that fade and then are revived by some corporation. i remember reading about a couple famous watch brands that started in the late 1800's, faded away, and then were revived under that brand again.

would you consider it a 'genuine fake?'

consider hypothetically, a brand like Rolex. if people were suddenly to lose interest in them, and eventually the brand faded away, if a company 50 years post collapse revives the brand would it be considered an homage or the real deal?

I would consider it a new generation...a continuation model, if you will.

Like the Shelby Cobra sports car, or the Dubey & Schaldenbrand watch company.

[GradyPhilpott]

There are company names like Ball, Bulova, and Hamilton that have been revived and still produce respectable watch lines in their respective tiers.

Then there are companies like Elgin, which makes a line of cheap, garish watches that would make a pimp blush.

Neither is considered fake. The names have been bought are being used legally, even if they are disrespectful of their original incarnations.

Then there are those watch companies that produce watches that closely resemble other brands. These are usually called homages and they are usually legal. If not then they have to deal with the patent owners.

Then there are the counterfeiters who are basically organized crime. They use the names of trademark owners and produce watches that are meant to deceive and produce funds at the expense of the rightful patent and trademark owners.

We don't discuss counterfeits here.

[marathonmatt]

Originally Posted by 77T

I would consider it a new generation...a continuation model, if you will.

Like the Shelby Cobra sports car, or the Dubey & Schaldenbrand watch company.

Agreed. Though with so many such things the revived versions potentially lack the original character of it predecessors, sadly. Probably just my bias toward original stuff, too. One of my many character flaws...

[bayerische]

Originally Posted by joe100

Even Omega outright copied the Submariner bezel on the Seamaster 200 and they're blood enemies.

I don't think they are enemies, Swatch group supplies Tudor with their movements.

[padi56]

Originally Posted by joe100

Even Omega outright copied the Submariner bezel on the Seamaster 200 and they're blood enemies.

You could say the same about Rolex the Blancpain 50 fathom was on the retail market a full 9 months before the first Rolex sub.Yet in looks they looked remarkably similar just like many watches have looked over the last 90 odd years.Its simple Rolex have not invented every single design of watch,but the brand name is so strong thats why today there are so many similar but there is only one Rolex.And even today some of the most collectible Rolex watches don't have a Rolex made movement inside the case.