Should replica items be allowed in the Exchanges?

[OakleyBoss]

This has come up in the last but would like the community to decide.

Should replica items be allowed in the exchange sections of the forum?

Also I will point out that anyone selling replica items is potentially at risk of violating Oakley trademarks and solely is responsible for the legal ramifications of such. The forum is not involved in the sales nor responsive for any part of the transaction.

 

[OakleyBoss]

One open question I do have - what’s the difference between a fake and a replica? Most that I’ve seen have the O logo.

 

[Rick58]

From what I have come to understand, over the years, is that a replica is a copy of an original item, reproduced by or with the permission of the original creator, otherwise it is considered counterfeit or fake.

 

[Dallas O Hog]

I think custom items should be allowed. However passing off something that has been altered as original is where I draw the line.

 

[Ti man]

Replica = not Oakley, but not claiming to be. Fakes are non oakley claiming to be.

Imo, they shouldn't be allowed for sale on oakley exchange. There are plenty of places out there to buy replicas.

 

[Titan X]

There are items that some of the OF members make that were never available straight from Oakley. Like the colored MM washers, colored stands, keychains and many more. Personally I feel if it’s an item made by Oakley it shouldn’t be reproduced and sold. If it’s an item designed by the seller or changed like the colored MM washers it should be ok.

 

[QLR1]

I don't have a problem with replicas, as long there is some transparency. Some like blurring the lines.

If replicas are sold, they should be in the Misc/all other section.

 

[dragonvoi]

Copyright and trademark protected items are just that, Protected. I don’t think that Trophies were trademarked, and the logos were on there but not for public sale, same for employee dog tags. If there are items that were sold by oakley and replicated, the bunker ornament is a good example, it should b altered as not to infringe on the copyright and be put forward as an “artistic interpretation” do we have a lawyer in the house?!?!

there is a weird shift from local to global that makes it seem to be ok... if this conversation happened in 1987, we, likely a smaller group would be, oh heck naw! We wouldn’t dream of stealing credit and getting burned for creating replicas. But now that Oakley is everywhere and is a globally known and recognized brand is it really ok?

I had this sentiment when masks were being printed up with really cool oakley designs. Waaaaay better than what oakley came up with. But that is straight up infringement. Cuz no one is gonna buy that mask if it says Oklaey on it or if it just plain, at least not for what the copiers are charging for.

 

[QLR1]

Copyright and trademark protected items are just that, Protected. I don’t think that Trophies were trademarked, and the logos were on there but not for public sale, same for employee dog tags. If there are items that were sold by oakley and replicated, the bunker ornament is a good example, it should b altered as not to infringe on the copyright and be put forward as an “artistic interpretation” do we have a lawyer in the house?!?!

@beau1890

 

[ZCForge]

@beau1890

@QLR1 lawyers up