How are "homage" watches allowed? | FerrariChat

How are "homage" watches allowed?

Discussion in 'Fine Watches, Jewelry, & Clothes' started by rdefabri, May 23, 2021.

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  1. rdefabri

    rdefabri Three Time F1 World Champ

    Jun 4, 2008
    33,571
    NJ
    Full Name:
    Rich
    I'm new to the watch game, "reacquainting" myself after having no interest for more than 25 years.

    Years ago, I used to buy cheap replicas of Gucci and Movado watches, for nothing more than I thought they looked nice as an accessory. While I could never afford the "real thing", I never attempted to pass them off as real if I was asked (I'd always admit they were fake, and to be honest, they were pretty bad).

    I know replicas will always exist, but I'm sort of perplexed by "homage" watches. These are generally watches that aren't branded as the original, but are blatant copies - if not downright clones - of the real deal.

    How is this allowed? I would think a "design" is a copyrighted thing, and that copying it would be a violation of law. I'm guessing it's not, otherwise you wouldn't see so many of these.

    I was shocked by what I've found - look at the Rocos and the Patek Phillippe...clearly a copy, but why doesn't PP sue? Am I missing something?
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  2. QtrItalian

    QtrItalian Karting

    Jan 22, 2021
    172
    I'm not an expert in trademarking but will hazard a few speculative thoughts.
    1. Not all companies will trademark all models they make. I know the Rolex Oyster case was patented but Bulova, Citizen and Seiko (I think) all made oyster-looking fluted bezeled watches with their names on it - somehow successfully.
    2. Trademarks have to be petitioned and if successfully achieved are registered in different countries. The EU block probably now covers most of Europe making some of that easier but in NA Canada, the U.S. and Mexico are separate entities not to the mention S. America or Asia regions.
    3. Trademarks only apply to the market the item is sold in.
    4. Different countries allocate different amounts of resources to enforcement.
    5. I'm not familiar with the name on the watch to the left. In some cases a bogus name/company is placed to "legitimize" the item as that of a different company whereas it is really a clone or replica.
    On a different note, the quality, use of similar materials and design of clones has gotten so good that purchasing used watches in the last 5-10 years has really gotten risky. Even the movements are finished similarly and cases marked with hallmarks and serial/model numbers. I have seen average watch repairers fooled if they don't investigate or work on the relevant piece too often. Generally the balance, weights, hairspring, and hairspring stud remain as a "tell" but some people have swapped used OEM parts to even thwart this inspection.
     
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  3. IloveGT

    IloveGT Formula 3
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    Oct 17, 2015
    2,419
    because you bought them. When there is a buyer, there will be a seller.
     
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  4. rdefabri

    rdefabri Three Time F1 World Champ

    Jun 4, 2008
    33,571
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    I didn’t buy them, but obviously there’s a market.

    I’m talking more legality - it’s plagiarizing a work, at least from my perspective.

    Fakes they go after- but simply because it’s not branded shouldn’t be a loophole...kind of odd
    IMHO...
     
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  5. poljav

    poljav F1 Veteran
    Owner Silver Subscribed

    Nov 2, 2014
    8,457
    SF Bay Area
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    Pol J.

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