What's the difference between a counterfeit watch and a homage watch?

Thread: What's the difference between a counterfeit watch and a homage watch?

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  1. #1
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    What's the difference between a counterfeit watch and a homage watch?

    I'm confused, what makes a watch a counterfeit watch, and what makes a watch a homage watch?

    If a watch is a copy of a Panerai lets say, and it looks exactly like a Panerai, including "Panerai" on the dial, but it's made in China, does that make it a counterfeit? Now lets take the same watch, and not put Panerai on the dial, does it make it a homage watch?

    I'm under the impression that a homage watch would be like an Invicta Pro Diver is to a Rolex Submariner. Watches that look very similar, but when you examine them, you would not confuse the two.
    Last edited by goffsroad; April 3rd, 2007 at 01:59.

  2. #2
    Member lysanderxiii's Avatar
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    Re: What's the difference between a counterfeit watch and a homage watch?

    Simply, a counterfeit item is one that illegally uses a trademark.

    A homage does not.

    In most cases the shape of the watch case and style of dial/hands are not trademarked. The Invicta Pro Diver does not bear any trademarks of the Rolex Sub (to my knowledge, anyway;) it is a homage.

  3. #3
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    Re: What's the difference between a counterfeit watch and a homage watch?

    Spelling!

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  5. #4

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    Re: What's the difference between a counterfeit watch and a homage watch?

    You've got it figured out.

    It all boils down to whether or not there is an intent to deceive.
    Misrepresenting any kind of merchandise, product or service is
    a crime of fraud.

    Are you making something (counterfeiting) and selling it to trick people? = FRAUD

    Making a close copy but w/ clear differences so people won't confuse
    it will the genuine item. = homage


    Peace,
    J.

  6. #5
    stuffler,mike
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    Re: What's the difference between a counterfeit watch and a homage watch?

    Well, I wouldn´t define an Invicta Pro Diver as a homage in an inner sense. A homage should in most respects pay homage to a historical predecessor.

    Example: The Stowa Airman is a homage to the WWII-B-watches, so is the Laco pilot 1941 dial Airman. Another example: The Glashütte Original Sixties is a homage to Glashütte watches made in the former GDR.

    The Invicta Pro Diver or let´s take the Nivrel, Steinhart, MarcelloC, Robert divers are Look-a-Likes, same with the Panerai "homages". The Aristo California dial could be defined as a homage to the Rolex/Panerai-diver with that kind of dial.

    Counterfeit watches are made to trick. In case someone knows it´s a counterfeit watch and someone buys it the intention may be to to lead somebody to believe in the authenticity of the Rolex, Patek (or whatever brand).

    That´s how I see it.

  7. #6
    Member AndyC's Avatar
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    Re: What's the difference between a counterfeit watch and a homage watch?

    This is how the Trade Marks Act see's it here in the UK.

    92.—(1) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor—
    • (a) applies to goods or their packaging a sign identical to, or likely to be mistaken for, a registered trade mark, or
    • (b) sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the packaging of which bears, such a sign, or
    • (c) has in his possession, custody or control in the course of a business any such goods with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b).
    (2) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor—
    • (a) applies a sign identical to, or likely to be mistaken for, a registered trade mark to material intended to be used—
      • (i) for labelling or packaging goods,
      • (ii) as a business paper in relation to goods, or
      • (iii) for advertising goods, or

    • (b) uses in the course of a business material bearing such a sign for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods, or
    • (c) has in his possession, custody or control in the course of a business any such material with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b).
    So as you can see even a close resemblence counts as a couterfeit neither do you have to pass it off as genuine to commit an offence.

    There must be simular legislation in the USA

    Best regards
    Andy
    Last edited by AndyC; April 3rd, 2007 at 19:38. Reason: spacing
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  8. #7
    Member Ricky's Avatar
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    Re: What's the difference between a counterfeit watch and a homage watch?

    Quote Originally Posted by stuffler,mike View Post
    Well, I wouldn´t define an Invicta Pro Diver as a homage in an inner sense. A homage should in most respects pay homage to a historical predecessor.

    Example: The Stowa Airman is a homage to the WWII-B-watches, so is the Laco pilot 1941 dial Airman. Another example: The Glashütte Original Sixties is a homage to Glashütte watches made in the former GDR.

    The Invicta Pro Diver or let´s take the Nivrel, Steinhart, MarcelloC, Robert divers are Look-a-Likes, same with the Panerai "homages". The Aristo California dial could be defined as a homage to the Rolex/Panerai-diver with that kind of dial.

    Counterfeit watches are made to trick. In case someone knows it´s a counterfeit watch and someone buys it the intention may be to to lead somebody to believe in the authenticity of the Rolex, Patek (or whatever brand).

    That´s how I see it.
    What is a watch that is reissued by a company, but the only similarity is its appearance? For example, Hamilton sells a model of its Wilshire watch, originally from 1939 and with an automatic movement. The reissue has a quartz movement.

    Ricky

  9. #8
    stuffler,mike
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    Re: What's the difference between a counterfeit watch and a homage watch?

    Quote Originally Posted by Ricky View Post
    What is a watch that is reissued by a company, but the only similarity is its appearance? For example, Hamilton sells a model of its Wilshire watch, originally from 1939 and with an automatic movement. The reissue has a quartz movement.

    Ricky
    Between re-issue and homage

  10. #9
    Member Ricky's Avatar
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    Re: What's the difference between a counterfeit watch and a homage watch?

    Mike

    Thank you for the answer and your discussion of counterfeit vs. homage.

    Ricky

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