Counterfeiters: What You Can Do About It

Please read the following article from one of the nation’s top law firms:

https://www.wnlaw.com/…/when-is-it-okay-to-buy…/

To summarize the article:

(1) buying, selling, displaying, or even PROMOTING counterfeits of copyrighted goods in the US is illegal,

(2) in the US, you AUTOMATICALLY own your copyright at the moment of creation— it is YOUR property,

(3) having your goods manufactured in China does NOT cause you to lose your US property rights,

(4) there is no “get out of jail free card” because the goods you buy or promote are made in China, and

(5) those who buy, sell, display, or promote counterfeit copyrighted works face serious legal liability and damages.

Brian Platt is one of the authors of the article. He is a top attorney from a top law firm that specializes in Intellectual Property (IP) protection— they are, in my opinion, the best in the nation in their area.

From the article:

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§ Myth 1: If you use a Chinese manufacturer, you lose your intellectual property rights;

§ Myth 2: Foreign manufacturers can make copies of your copyrighted artwork and distribute it worldwide; and

§ Myth 3: Counterfeit goods sold on Amazon do not violate U.S. law, and are okay to purchase and re-sell.

…these statements are incorrect and the conduct is unlawful… those who sell or display counterfeit copyrighted works face serious legal liability and damages.

Foreign Manufacturers Do Not Have the Right to Steal your Work. When copyrighted artwork is displayed, sold, or distributed in the United States without authorization of the copyright holder, those actions are unlawful. Where such goods are distributed in the United States—whether on Amazon or elsewhere—the artist has legal remedies available in U.S. courts. These remedies include money damages (against both the infringers and promoters of counterfeit goods) and an injunction against the sale of such goods.

Counterfeit Goods are Illegal… There is no “get out of jail free card” because the goods are made in China.

…Just because an item is listed for sale on Amazon does not mean it is not counterfeit; rather, it likely means that the counterfeiter is selling such goods without Amazon’s knowledge of the infringement. When we buy goods on Amazon, we must use care to avoid counterfeits; and of course, the willful purchase of counterfeit goods on Amazon is illegal. Willful Counterfeiting is a Crime.

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Over the past several months, Bountiful Baby has been successfully taking action to protect Bountiful Baby IP. Unfortunately most of the infringement we have seen is not our IP, and we have no legal standing on most of it. Because of that, Brian Platt will be announcing at the Rose Doll Show a framework that will provide the legal standing to fight for the rights of ALL participating artists. This is a must see event for all artists with IP to protect. If you are such an artist and cannot come to see Brian’s presentation, please email me at: nevin+legal@bountifulbaby.com. We want to get you included.

Most of what we have already done has not yet been made public. Much of that will be made public at the Rose Doll Show.

You don’t want to miss what’s coming. I believe it is going to shake up the entire industry.

Nevin

EDITED TO ADD: We have been filing law suits against counterfeiters that dispute our valid DMCA takedown notices. Below are 4 paragraphs from one of our law suits. Notice that their filing of counter-notices makes our claim against them rise to the level of WILLFUL INFRINGEMENT, which is a whole new level against them, with a whole new set of potential damages:

  1. Defendant has made and used unauthorized reproductions of Bountiful Baby’s original works, which are the subject of the Asserted Copyrights.

  2. Defendant has produced, reproduced, and/or prepared reproductions of Bountiful Baby’s protected works without Bountiful Baby’s consent. Defendants’ acts violate Bountiful Baby’s exclusive rights under the Copyright Act, 17 U.S.C. §§ 106 and 501, including its exclusive rights to produce, reproduce, and distribute copies of its work, to create derivative works, and to publicly display its work.

  3. Defendant’s infringement has been undertaken willfully with the intent to financially gain from Bountiful Baby’s copyrighted work, and with full knowledge of Bountiful Baby’s copyrighted works.

  4. Defendant submitted false counter-notifications for the purpose of maintaining its infringing listings. See Exhibit E. Such actions demonstrate willfulness.

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Lol so should I hurry and buy some counterfeit kits while I still can? :rofl::rofl::rofl:

Totally just kidding!

I’m excited to see a stop put to it. It’s sad to see sculptors losing money and then not producing more kits because WHY? :cry: I recently stumbled upon a reborn side of tictoc with a lot of young kids proudly displaying thier knock offs because they don’t know any different :pleading_face: then also sharing where they got them so others can have a budget reborn too

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Thank you for this information- other than not purchasing counterfeits and educating others- is there anything else we an do as consumers?

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Can’t wait to see what the big announcement is. I’m very glad something is in the works.

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Thank you for explaining this. With some out there in the reborn world taking joy in celebrating buying and painting counterfeits, it’s good to know what the law is and what the repercussions are for those who try to get away with it.

Really tired of seeing all the counterfeiting. It’s so unfair to the sculptors, artists, and to BB. It needs to stop.

I also suspect that a few wellknowns in the reborn world who are intentionally buying, displaying, flaunting, and selling counterfeits are doing it to destroy the reborn community because they have been ostracized from the community due to their own negative willful actions. So, there is now a vendetta to destroy the reborn world because they are no longer embraced by it. I hope this goes far and wide.

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I hope this will also force eBay and Amazon to take action against the sellers they promote who are knowingly selling counterfeit kits. We report these sellers to eBay and Amazon regularly, but they do very little about it, mostly eBay.

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Yes Ebay is awfully flooded with fake kits. Difficult to sell legitimate kits there as well.

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Marketplace is the same way flooded with scams and counterfeit

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:rage::rage::rage::rage:

It is difficult to sell a completed reborn these days. There are so many sellers from China using fake kits and selling for less than we pay for some of our kits. I painted a Laura Lee Eagles Charlotte 11 months, the kit alone is 145, but on eBay the reborns made from Charlotte coming from China are 115. They won’t get a baby as good in quality as mine and the kit is fake, but some do not seem to care. It is pulling prices for beginning to mid tier artists down in my opinion. Thank you @bbsupport for working so hard to try to stop this and I will be looking for your announcement.

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I wonder what individual artists can do about things like stolen photos. Ive had my pics stolen by rhe scammers so many times.

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This person posted her video with these claims. Where is she getting this info from?

A certain someone who has issues with BB ( and many others :confused: ) made videos about a fake Chase being identical to the authentic blah blah blah :face_vomiting: but among those claims, saying the sculpturs allow it behind closed doors :roll_eyes::roll_eyes: (yea freaking right :person_facepalming:)
The comments were nothing but people praising the fakes, happy “new” kits are being STOLEN so they can buy them cheaper.
There is now a Australian based “artist” who has made videos praising the fakes :face_vomiting:
Mercari is FLOODED with knock offs. I report at least 20 DAILY. they remove some, they have to have 3 reports from different accounts…
Mercari, Amazon, eBay, AliExpress, wish, marketplace, heck even Etsy, there are more fakes than authentic dolls/kits.
The fakes are now starting to come with a stamp and COA (although COA often looks/feels different) . There are SEVERAL buying the prepainted china fakes , weighting them and passing them off as artist made budget dolls.

There is a FB group for a certain brand of fakes, and a few posted SS of refund alerts from the seller because there seller status was removed due to the copyright. (Idk if they’ll come back and some of the dolls they sell are still available tho)
It’s just a huge mess. I feel sooooo f’kn bad for all the sculpturs, BB etc
Artist and collector’s are already having photos stolen often now used to promote the fakes. I came across a Mercari listing last night, for a “Loulou” at $125, to my not so surprised, MY AUTHENTIC Loulou’s photos were used. Seller has ALLLLLL stolen photos with low prices. All reviews show items look nothing like they shown and yet? STILL UP! I’m on my last warning with Mercari for my messages to each seller selling fakes.
It’s getting worse and worse as each day passes.
Sorry rant over.

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I hear you. I get so steamed when I see this stuff. I saw those videos from the certain someone. Make me sick. I have a feeling the Australian “artist” you mentioned is the one narrating the video I posted above. She goes on and on like she knows what she is talking about. I didn’t listen long enough though to see if she has any actual legal sources to back what she says. It’s really disheartening seeing so many willing to get involved with counterfeits and defend them without any twinge of conscience.

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What bothers me most is the support for fakes is killing the market. I love making reborns. But i refuse to compete with illegitimate dolls and i will stop selling my work if this keeps up.

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The “certain someone” thanked the video producer! Ridiculous!

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Wow- I started watching this, but it moved too slow to keep my attention. It seems that a certain person wants to justify not paying the true intellectual property owners for their work. There are some others that want to squeal, but I am just a collector who loves dolls. Those want to justify not paying the intellectual property owner for the sculpt as well as refusing to pay an actual artists for their work. How on Earth any artist can think any of it is OK is beyond me.

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The Australian artist/collector really seems like she’s trying to use legal jargon to make it sound like she knows what she’s talking.

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I noticed that, too. I asked her in the comments if she is an attorney or has any legal sources to back what she says. Won’t hold my breath getting an honest answer on that one.

Also, did the Lou Lou she shows in her video look fake? Something doesn’t look right about it. The head size looks off and the head’s proportion to the body, it all just seemed off.

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Loulou looks :100: fake! Your right the Australian based “artist” in the video you linked is the same being talked about in some groups who follow the “certain someone’s” thinking. MULTIPLE people asked for legal resources backing that argument but none was given. Just the same lines over and over. Those same lines spewed in the comments of the post on FB from their followers about how we shouldn’t trash “artist” like these who are willing to provide handmade dolls for a fraction of the cost :face_vomiting::face_vomiting::face_vomiting: For :fox_face: sakes :face_with_symbols_over_mouth: of course when your buying a $40 fake kit, you can charge less than the $120 authentic Kit , but real collectors and artist would rather pay the higher amount to get AUTHENTIC dolls. It just bites my butt :face_with_symbols_over_mouth:

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