counterfeit

Recast, Trademark, Copyright

July 19, 2013 18:21 pm · 11 comments

by ResinMuse

This was posted publicly on Grace’s website. Since she did not blur out her name, I will assume she was ok with people seeing her name.

Grace has contacted an attorney for their opinion on Recast BJD.

I don’t have much to say about this, but may add more later as I get feedback from others. I really have no desire to keep dragging on the drama between recast and legit. I own both, and many people I know own both. We are happy to be minor collectors and just enjoy our dolls. But, for the peace of mind of some of our members and followers, we feel it’s necessary to rebut some anti-recast claims.

Please note, the attorney starts the letter off by saying Grace contacted them for their opinion. This does not mean she has hired an attorney, nor does it mean this attorney will be able to do anything in regards to recast bjd.

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Let’s look at another really key point:

It is important to provide the facts, assuming of course, you want accurate opinion. It seems Grace may have wasted her +/-$500 to receive a letter that is based on misinformation – skewing the facts does nothing to help your cause.

Most, not all certainly, but most ball-jointed dolls do not have any company trademarks on the doll. A doll’s sculpt name is not a trademark.  An “R” on the right leg isn’t a trademark-able mark.

Let’s stress this again:

Matthew’s letter states his opinion is based on the knowledge that bjd have a TRADEMARK on them.  This information he based his opinion on is false.  MOST bjd do not have any company marks – a sculpt name is not a trademark.

What is a trademark – here are some examples: International Trademark Association Fact Sheets Introduction to Trademarks

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Right from the beginning, the attorney reiterates:

“You have also informed us that the copies of the ball-jointed dolls do include trademark of the legitimate dolls.”

If (most of) the original dolls do not contain any trademark (names of the sculpt are not trademarks), then it stands to reason, the copies won’t contain any trademarks either.

It appears the attorney is reiterating again under the heading “Background“, by saying (paraphrasing here) ‘people in the U.S. are commissioning the recasters to make other dolls and that we are distributing the dolls once they’re in the U.S.’.

On Commissions: As our members know, we have stopped all group orders that were being organized for recasters to purchase new dolls. This may have been an issue last year, but we have long since discouraged anyone paying, buying or sending any dolls to recasters. All we do is order dolls for our own enjoyment.

On Distribution: We do not and never have, distributed recast bjd dolls. People buy them on their own, and the doll is shipped to the person buying. There are NO/none/zero U.S. distributors or sellers for recast dolls. And to my knowledge, as long as I’ve been a support for recast, there never have been.

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On Works of Art:

Are BJDS Works of Art?
Many BJDs are beautifully sculpted and considered “works of art” by those who create them and many who collect them. But for those of us who: 1. live in the USA, 2. are ordering them from other countries and 3. having them shipped to us… they are not (according to US Customs and Border Protection) considered “works of art”.

According to Customs and Border Protection (CBP) and Chapter 97 of the Harmonized Tariff Schedule of the United States (HTSUS), BJDs fail to meet the specifications necessary to be considered “works of art”.
(http://www.cbp.gov/linkhandler/cgov/trade/legal/informed_compliance_pubs/icp061.ctt/icp061.pdf)

(pages 9-11 of the pdf document)
For a BJD to be considered a “work of art” they must:
be made by a sculptor [which is defined as: a graduate of a course in sculpture at a recognized school of art (free fine art, not industrial art) or that he be recognized in art circles as a professional sculptor by the acceptance of his work in public exhibitions limited to the free fine arts.]
be a limited edition of no more than 12 castings, replicas or reproductions.
NOT be mass-produced reproductions or works of conventional craftsmanship of a commercial character, even if these articles are designed or created by artists.
In the document referenced above there is also an explanation and example of the rule of 12 provided.
“The limit of sculptures that we allow under heading 9703 in an edition is 12. The reason 12 is used (previously 10) is that fine art is normally very limited. If an artist such as Edgar Degas creates 15 of a particular sculpture only the first 12 or cast numbers 1 through 12 will be allowed in duty free. When an artist such as Salvadore Dali produces more than 50 in an edition, it is no longer fine art and none will be allowed duty free.”

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All in all.. it seems a pricey letter to not give the facts and to skew the opinion in your direction. Even though some anti-recast people seem to think we’re stupid and immoral, we actually have taken the time to do our own research – and we were more willing to look at both sides. It really comes down to ‘he said, she said’.. except, within the law.. there are sections that support in favor of legit company dolls – others that show our recast bjd are not in danger of being considered counterfeit. We’re not looking to do battle with anti-recast, but we’ll continue to stand our ground.

So, Recast BJD Friends.. enjoy your dolls.  That’s what really matters.  Your doll hobby is suppose to be fun, enjoyable.. so ignore all the drama people want to stir up.. need a place to share your dolls?  Come see us at Recast BJD Haven on Facebook – we’re a friendly group and we allow recast bjd and legit bjd.

If you would like to print out, save, for later or easier reading, here is the full document posted to Grace’s website.

Anti-recast claims about recast being illegal are just conjecture.  It is our belief that a judge would actually need to make a stand on this, and if they can’t stop counterfeit bags, how are they doing to stop an even grayer, and much, much smaller, area of recast bjd?  I still hold to my opinion, our recast dolls are not illegal.  Some may be – for example, ones being sold as legit – but the recast dolls we have shared information about, are not passed off as originals, we are informed from the source they are copies, and we’re all fine to own our copies.

grace-statement

 

Sorry, Opinions and Conjectures do not make recast bjd illegal.

ETA:

For those of you who don’t know what a trademark is, it is a word or phrase (not in common usage), business name, title, logo or so on that is used to protect a brand. A copyright is meant to protect intellectual property including but not limited to writing, music and visual art.

Recast BJD on Ebay

March 22, 2013 16:16 pm · 1 comment

by ResinMuse

In the last couple weeks, there has been a listing for a recast faceplate on Ebay.

It came to the attention of the extremist Anti-recast crowd and they all started reporting it for being ‘illegal’ and ‘counterfeit’ and whatever else they could think of. However, at the time of this posting, the listing is still there (http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=300872144854). Of course, one of the main instigators of the Anti-crowd says this is because it’s under review.

A few minutes of searching on Ebay and here’s what we’ve found out.

Counterfeits, fakes, or replicas of brand name items (for example, a purse bearing the Chanel name or logo that wasn’t made by Chanel or a cell phone or battery labeled as a Nokia® cell phone or battery that wasn’t made by or for Nokia or with Nokia’s consent)- link

This means, the item in question must contain a logo or label of some sort to identify it as belonging to a specific company/business.

And more…

You can’t list replicas, fakes, counterfeits, or other illegal copies on eBay. For example, you can’t list an item that bears the brand name or logo of a company that didn’t manufacture or authorize the product – link

Again, must have some sort of brand, or label that identifies it.

And, yes, more…

We’re committed to protecting the intellectual property rights of third parties and to providing our members with a safe place to buy and sell. We created the Verified Rights Owner (VeRO) Program so that intellectual property owners can easily report listings that infringe their rights.

We require that a rights owner be registered through VeRO before reporting items to us. Rights owners sign legally binding documents when reporting items to eBay.

This means that only the person who owns the rights of the item can report it to Ebay. And, that person must register with VeRO before reporting those items. In other words, writing up your own ‘form’ to fill out isn’t quite procedure.

So, listing recast dolls on Ebay is not against their TOS. Just be honest in your listing – if it’s recast, then say it’s recast, or a copy or similar.

Recast BJD Harassment

March 22, 2013

[note: this post was originally on a different page, but I’m reorganizing things so this is it’s new post.] I am resorting to putting this information on my website so people can see the truth for what it is. You do not have to like me, be my friend, talk to me, or even associate […]

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Harassment, Counterfeit and Ball Jointed Dolls

March 18, 2013

I recently listed a recast tan chibi doll.  Not to make excuses, but I’m feeling finicky about my dolls right now.. and when I get that way I start rehoming and changing my collection around.  I am not misleading anyone, the doll is a recast, I state that as well as having been clear about […]

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Recast BJD – Legal or Illegal

March 1, 2013

The past few days has been drama filled for me.  We’ve kept relatively quiet about it, but I’d like to address some things we’ve come across. Periodically, one or more people are targeted regarding Recast and the legalities surrounding resin ball-jointed dolls. The truth is.. When I read the legal documents, I get lost.   […]

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