john sparks
Offline
Los Angeles

hello, just though i would put this out there.
i have been told by a certain supplier that apparently there is "someone" out there confiscating OEM after market parts that contain nintendo's logos or "gameboy" name on them. more specifically screens. anyone know anything about this and could educate me on the topic. yes, sounds silly.
i understand that people who source from america do fall under a copy right law if they are sourcing the parts be made in america, but what about buying parts already made in another country if they are OEM, gameboy color screens and gameboy pocket screens.

not going to throw anyone under the buss. but a latest purchase i made to a company everyone sources from overseas apparently peaked the interest of an individual who saw the need to as he says "warn" me that my screens might get confiscated by an unnamed force or small group of enforcing individuals.

so i ask.

if the case be so? what about virtually all OEM after market parts? (yes i know not every part is branded with "nintendo" or "gameboy on it")
gameboy color shells for example, theres no force confiscating after market replacement shells. what about sega game gear screens. etc etc.
i do not believe these claims, i have done searches online and find no information. the individual stated he knows "multiple" use suppliers of after market parts that this has happened to.

so if there was any place this would need to be asked i figure this was the best place. as suppliers like ASM Retro and Kitschbent are pretty known in this community as I'm sure there are other suppliers or resellers of parts in these forums. (i know ASM's stuff is not branded because it is made in America as far as i know)

any information is welcome, but as i said it is silly to even ask. but i just thought i would ask the community.

thanks and sorry if this is a silly thing to post. but I'm trying to get informed and somewhat bring this to light. suppliers overseas are no secret to anyone. Thanks.

Boner
Offline
United States

If you are using a trademark without permission (i.e. illegally) you are inherently making counterfeit goods. It's illegal and U.S. Customs can absolutely confiscate them. All imported goods go through customs. A factory knowingly putting an unlicensed trademark on a product can also be held liable, but in China many of them don't care.

Whether the trademark owner requests special attention by CBP is up to themselves. Nintendo has a long history of going after unlicensed products.

see https://www.law.cornell.edu/uscode/text/18/2320 etc

Last edited by Boner (Sep 11, 2015 10:01 pm)

john sparks
Offline
Los Angeles
Boner wrote:

If you are using a trademark without permission (i.e. illegally) you are inherently making counterfeit goods. It's illegal and U.S. Customs can absolutely confiscate them. All imported goods go through customs. A factory knowingly putting an unlicensed trademark on a product can also be held liable, but in China many of them don't care.

Whether the trademark owner requests special attention by CBP is up to themselves. Nintendo has a long history of going after unlicensed products.

see https://www.law.cornell.edu/uscode/text/18/2320 etc


yes i understand that items go through customs. but the individual stated that after a while of the items being at his home they were confiscated from his home, and that he knows other modders whom this has happened to. i understand the whole trademark issue and such, but the fact it they are OEM replacement parts. aka, screens, shells. i dont see anyone having an issue buying them from sellers in the US who bought from china. gameboy color replacement shells, screens, buttons, see where I'm going with this. in essence i do not understand why the individual chose to relay this information to me, scare tactic maybe. worst case scenario would be a seize and desist. at which point the person would stop.

just a bit silly for the person to message me and tell me to get rid of them or destroy them. seems a bit silly for items who are legacy and see no support by their creators, of why people in the gameboy community had to resort into manufacturing of old parts. when the item was originally purchased, nintendo was payed off, they got their money. at which point you are the owner of the item and are free to do with it as you wish. like cars.

the ordeal is just silly. but i would love to hear from KB, seeing how i recall him having GBC screens and selling out quick and has not brought them back till this day. id love to hear his experience with that and if he himself ever had any issues as such, or perhaps thats why they were pulled from the site maybe in the case they did not sell out. I'm just trying to get informed.

if the statements hold true, then everyone would be under the buss. plain and simple. and this is why i think its silly. most patents expired already. at least for DMG and pocket i believe.

Boner
Offline
United States

There is a difference between selling old-stock parts made or licensed by Nintendo (OEM), unlicensed after market replacement parts, and after market replacement parts that also infringe on trademarks.

Unless you know the specifics of what and how the person was selling, you can't know for sure what risks there are or if they are the same as theirs.

If you don't have documentation that a replacement part with the Nintendo logo is actually authentic, you run the risk of legal action. Nintendo may not pursue unlicensed products as aggressively as they used to, but it doesn't matter - putting a Nintendo logo on anything without permission is illegal and your house/warehouse being raided is a possibility. That doesn't mean it's likely without selling massive quantities of product, but yes it does happen to people making/selling infringing products.

Even grey market import OEM parts may not be entirely protected by the first sale doctrine (which you allude to) depending on various aspects of how they're sold.

If someone had Nintendo products seized they were most likely bootlegs and not actual OEM parts. The worst case scenario for selling counterfeit goods/trademark/copyright infringement is you go to jail and lose all your money. Sending a cease & desist letter first is entirely up to the legal counsel of the company that owns the rights.

Patents and their enforcement are an entirely different can of worms, and different aspects of a product can be covered under various patents that may or may not still be active.

john sparks wrote:

plain and simple.

Infringement and IP cases depend on an insane number of variables, so most issues don't have plain or simple answers.

Last edited by Boner (Sep 12, 2015 5:17 pm)

catskull
Offline
NUMBSKULL

I would be seriously surprised anyone at Nintendo gave a crap about counterfeit replacement screens. It can't possibly harm them in any way.

Selling some piece of junk handheld console with a nintendo logo on it is another thing.

TSC
Offline
Milwaukee, WI
john sparks wrote:

if the statements hold true, then everyone would be under the buss

Quick, everyone throw your overpriced DMG away.

tempsoundsolutions
Offline
TSSBAY01

just make sure the seller declares everything as 'hair tonic tablets', works like a charm everytime.