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dmhtfld

Knock off site turns my concept into reality without my permission.

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These jerseys have really grown on me since I first saw them on the RCF boards. Would love to see them adopted by the team.

Also: That wave across the front that made no sense when it was first used on the mid-90s jerseys actually totally fits now with the hook on the 'C' in Cleveland and Cavaliers.

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So not to add salt to the wound but I walked into a local shop at the Summit Mall here in Akron this morning and what do I see?

20141002_105521_zpsd9a29f2c.jpg

And the kick? They're selling them for 99 bucks. Anyone know who I can report them to about selling counterfeit products?

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Howsabout the Cavs themselves? I'd imagine they would have some interest in counterfeits within an easy drive of their office.

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I strongly believe this to have possibly been snatched up for real by Adidas(and/or even the NBA)and passed off like a Cavs Fanatic uniform. No way a retailer carries this item without a SKU number to associate with. SKU#'s usually someone paid to have this jersey licensed to be sold. #retail101

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There is nothing you can do, that is why it´s called concept treads

.

Then every concept on the internet should be trademarked before someone posts it online...not alot of fun then..........don´t know where these guys are located, but if you tell them about your issues, i am sure they will send you a mailorder bride free of charge..to ease your suffering......just be sure they get the right address, i myself had a embarrassing moment involving FedEx and my neighbour :-)

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So not to add salt to the wound but I walked into a local shop at the Summit Mall here in Akron this morning and what do I see?

20141002_105521_zpsd9a29f2c.jpg

And the kick? They're selling them for 99 bucks. Anyone know who I can report them to about selling counterfeit products?

Looks more official. I don't know if it's the angle, but the "R" in Cavaliers seem a little different, as in the top of the right side of the letter stick up a little bit more. Also, there's that black band inside the neck. Not sure if counterfeiters have that. (They probably do, though.)

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There is nothing you can do, that is why it´s called concept treads

.

Then every concept on the internet should be trademarked before someone posts it online...not alot of fun then..........don´t know where these guys are located, but if you tell them about your issues, i am sure they will send you a mailorder bride free of charge..to ease your suffering......just be sure they get the right address, i myself had a embarrassing moment involving FedEx and my neighbour :-)

Nope.

"In all countries where the Berne Convention standards apply [which includes the U.S.], copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights."

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Except that people here can't copyright concepts like this, since the individual elements and underlying marks comprising the design are already owned by the team.

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There is nothing you can do, that is why it´s called concept treads

.

Then every concept on the internet should be trademarked before someone posts it online...not alot of fun then..........don´t know where these guys are located, but if you tell them about your issues, i am sure they will send you a mailorder bride free of charge..to ease your suffering......just be sure they get the right address, i myself had a embarrassing moment involving FedEx and my neighbour :-)

Nope.

"In all countries where the Berne Convention standards apply [which includes the U.S.], copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights."

which makes this case a bit more complex than the usual. in this case, it's the Cavs who own the copyright (i dont think adidas created anything. but if they did it would fall to them) and who are in position to take the counterfeiters to court. whatever money was profited from the jerseys would be claimed by the Cavs.

how this ended up in store is interesting too. my bst guess is that it is an adidas fashion jersey who after seeing the "original" being sold online, decided to copy it and put it out. thats one way to deal with competition

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I don't know, I've seen some clear counterfeit items in sporting goods stores. Sometimes it's just an overzealous store owner trying to make some more profit.

There was an Academy in OKC where they literally just bought a bunch of blue adidas polo shirts and embroidered Thunder logos on the chest. There were like 6 different shades of blue (none of them correct) and if you looked at the tags none of them were NBA items, some were Adidas Golf, some were Soccer, etc.

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I feel OP´s pain.....but what can he do, maybe write a letter to the cavs ?

-

Or to Lebron himself perhaps, maybe you can get a date with Gloria, since i heard they left Lambo back in Miami.

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Big and small retailers purchasing counterfeit (or stolen) merchandise (knowingly and unknowingly) is much more common than you'd think so this does not surprise me at all. They just call it alternative sourcing.

With that being said I'd urge anyone who is buying what they think is officially licensed product to do a thorough examination of the merchandise they're shopping for. Better to be safe than get hosed.

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Except that people here can't copyright concepts like this, since the individual elements and underlying marks comprising the design are already owned by the team.

Not sure what you could get in damages, if anything, but a cheap and easy way I've heard for establishing ownership of a concept is to print it out and mail it to yourself before posting for the public to see. Save the unopened letter as proof since it will have an official date stamped on it.

Not sure how this would hold up in court but it made sense to me as far as showing proof of when the original was created.

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I don't know, I've seen some clear counterfeit items in sporting goods stores.

Definitely. Maybe not at Dicks, Champs, etc., but little shops that open up very temporary-looking stores in malls/strip malls have a bunch of counterfeit stuff. I don't know what the owners know or don't know, or how they get the stuff, but I have definitely seen counterfeit stuff at mall stores.

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I don't know, I've seen some clear counterfeit items in sporting goods stores.

Definitely. Maybe not at Dicks, Champs, etc., but little shops that open up very temporary-looking stores in malls/strip malls have a bunch of counterfeit stuff. I don't know what the owners know or don't know, or how they get the stuff, but I have definitely seen counterfeit stuff at mall stores.

Most independent retailers will turn a blind eye to bootleg merch if it meets the two basic conditions: is it cheap and can it be sold quickly? If yes to both you can even pay cash and flip the product quickly and nobody's the wiser.

Also the big retailers do get caught from time to time in the gray markets. Especially if there's a hot product that they can't get immediately from the producer due to availability, they'll hit the secondary market distributors who's sourcing methods tend to be very opaque. They will buy first and ask questions later because they know they can turn the product quickly. There was a big lawsuit involving costco a while back where they were getting their hands on high end luxury goods (gucci/LV etc.) while not being an authorized retailer which exposed quite a bit of how even global retailers get their hands on some branded product. Retail buying can be a shady business at all levels.

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I don't know, I've seen some clear counterfeit items in sporting goods stores.

Definitely. Maybe not at Dicks, Champs, etc., but little shops that open up very temporary-looking stores in malls/strip malls have a bunch of counterfeit stuff. I don't know what the owners know or don't know, or how they get the stuff, but I have definitely seen counterfeit stuff at mall stores.

I would consider Academy in the same vein as Dick's and Champs, and that's where I saw the bootleg Thunder polos.

As for the OP, I would a) speak to a lawyer, just for consulting reasons to see what he thinks and B) contact Adidas and/or the store.

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Except that people here can't copyright concepts like this, since the individual elements and underlying marks comprising the design are already owned by the team.

Not sure what you could get in damages, if anything, but a cheap and easy way I've heard for establishing ownership of a concept is to print it out and mail it to yourself before posting for the public to see. Save the unopened letter as proof since it will have an official date stamped on it.

Not sure how this would hold up in court but it made sense to me as far as showing proof of when the original was created.

It wouldn't hold up in court at all. Think of it this way. If dmhtfld tried to sell this himself, he'd be breaking trademark/copyright law using the Cavaliers' and Adidas' intellectual property for commercial purposes without express consent from either. Both could sue and would almost certainly recover damages.

So, if dmhtfld were to sue the company that made the jerseys, and somehow won, he'd be recovering damages and making a profit on the uniforms that would be illegal for him to sell himself.

There's a pretty famous tort (civil suit) case in which a person attempting to rob a house from the roof fell through a skylight window and was injured. He attempted to sue for his injuries, and laws were passed to prevent people from receiving damages while committing a crime.

This isn't exactly the same as that case, but because it would be a crime for him to profit off these designs, a court would never rule in his favor (it'd probably be dismissed pretrial).

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Also this design is basically a mashup of previous cavs uniforms and uses marks the designer does not have license for. There's not much in terms of original design elements for the designer to claim as their own. Even if the cavs released this jersey as a legit fashion jersey I don't think there's any legal footing.

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Not at all. If the Cavs release it, they're within their rights to do so.

I also think they're the only ones who can make any claim against the counterfeiters.

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The weird thing is I called the Cavs store up at The Q earlier today to ask about this and the guy said they had jerseys like this a while ago. I told him I didn't think so but as is he said he had no knowledge of it. I have also emailed Adidas and asked them about this. They replied with the standard reply so I will keep you posted on what was said.

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