OP
@gbaby avatar
UTC

Molto Verboso
Modern Primavera (not pictured); Moto Guzzi V-85 TT
Joined: UTC
Posts: 1840
Location: Los Angeles, CA
 
Molto Verboso
@gbaby avatar
Modern Primavera (not pictured); Moto Guzzi V-85 TT
Joined: UTC
Posts: 1840
Location: Los Angeles, CA
@abner_bjorn avatar
UTC

Molto Verboso
2007 GT200,2008 Yamaha C3,2009 BV250, 2013 GTS300
Joined: UTC
Posts: 1575
Location: Denver
 
Molto Verboso
@abner_bjorn avatar
2007 GT200,2008 Yamaha C3,2009 BV250, 2013 GTS300
Joined: UTC
Posts: 1575
Location: Denver
UTC quote
Quite a bit less on Ebay: https://www.ebay.com/itm/314416938275

4 long lines of garbage removed from url - jimc
Forum member supplied image with no explanatory text
@jess avatar
UTC

Petty Tyrant
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
 
Petty Tyrant
@jess avatar
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
UTC quote
Oh, FFS.
@aiosi avatar
UTC

Hooked
2005 Vespa PX 150 Serie America #107 of 500
Joined: UTC
Posts: 494
Location: Houston, Texas USA
 
Hooked
@aiosi avatar
2005 Vespa PX 150 Serie America #107 of 500
Joined: UTC
Posts: 494
Location: Houston, Texas USA
UTC quote
Isn't it said that imitation is the sincerest form of flattery? Facepalm emoticon
@znomit avatar
UTC

Hobbitus Moderatorus
S50, R1100s, way too many pushbikes
Joined: UTC
Posts: 11685
Location: Hermit Kingdom
 
Hobbitus Moderatorus
@znomit avatar
S50, R1100s, way too many pushbikes
Joined: UTC
Posts: 11685
Location: Hermit Kingdom
UTC quote
Now we've really hit the big time.

Pair with that 946 you thought you couldn't afford.
https://www.walmart.com/ip/6V-Vespa-Ride-On-Electric-Scooter-for-Kids-Pink/2377308865
Forum member supplied image with no explanatory text
@steelbytes avatar
UTC

Veni, Vidi, Posti
2019 GTS 300 HPE w Malossi cylinder & cam
Joined: UTC
Posts: 8847
Location: Batmania aka Melbourne, Aus
 
Veni, Vidi, Posti
@steelbytes avatar
2019 GTS 300 HPE w Malossi cylinder & cam
Joined: UTC
Posts: 8847
Location: Batmania aka Melbourne, Aus
UTC quote
znomit wrote:
Does Zelioni make carbon parts for it?
@znomit avatar
UTC

Hobbitus Moderatorus
S50, R1100s, way too many pushbikes
Joined: UTC
Posts: 11685
Location: Hermit Kingdom
 
Hobbitus Moderatorus
@znomit avatar
S50, R1100s, way too many pushbikes
Joined: UTC
Posts: 11685
Location: Hermit Kingdom
UTC quote
SteelBytes wrote:
Does Zelioni make carbon parts for it?
Isn't it stylish enough?
@steelbytes avatar
UTC

Veni, Vidi, Posti
2019 GTS 300 HPE w Malossi cylinder & cam
Joined: UTC
Posts: 8847
Location: Batmania aka Melbourne, Aus
 
Veni, Vidi, Posti
@steelbytes avatar
2019 GTS 300 HPE w Malossi cylinder & cam
Joined: UTC
Posts: 8847
Location: Batmania aka Melbourne, Aus
UTC quote
znomit wrote:
Isn't it stylish enough?
Stylish, sure. But is it fast?
@californiacruising avatar
UTC

Addicted
2015 Sprint 150, 2018 GTS 300
Joined: UTC
Posts: 894
Location: SoCal
 
Addicted
@californiacruising avatar
2015 Sprint 150, 2018 GTS 300
Joined: UTC
Posts: 894
Location: SoCal
UTC quote
znomit wrote:
Now we've really hit the big time.

Pair with that 946 you thought you couldn't afford.
https://www.walmart.com/ip/6V-Vespa-Ride-On-Electric-Scooter-for-Kids-Pink/2377308865
Does it come with an ascot?
@jess avatar
UTC

Petty Tyrant
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
 
Petty Tyrant
@jess avatar
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
UTC quote
SteelBytes wrote:
Stylish, sure. But is it fast?
It's 6V! Of course it's fast!
UTC

Addicted
PK50XL, PK100S, ET3, Matchless G80S, Honda CBR400RR, Ducati ST4S
Joined: UTC
Posts: 758
Location: UK
 
Addicted
PK50XL, PK100S, ET3, Matchless G80S, Honda CBR400RR, Ducati ST4S
Joined: UTC
Posts: 758
Location: UK
UTC quote
jess wrote:
Oh, FFS.
Just wait til they have Jess action figures
@cdwise avatar
UTC

Veni, Vidi, Posti
GTS 300, Buddy 125
Joined: UTC
Posts: 8899
Location: Knoxville, TN
 
Veni, Vidi, Posti
@cdwise avatar
GTS 300, Buddy 125
Joined: UTC
Posts: 8899
Location: Knoxville, TN
UTC quote
Takedown notice for copyright infringement
https://www.copyright.gov/512/sample-notice.pdf

For eBay https://www.ebay.com/help/policies/listing-policies/selling-policies/intellectual-property-vero-program?id=4349

Wal-Mart https://www.walmart.com/help/article/claims-of-intellectual-property-infringement/6171b9ac00384f3f920aa14a9c08bdac

Both have reporting forms on their website go for copyright violation over trademark unless trademark is registered. Registration not required though preferred for copyright.
@adri avatar
UTC

Atypical Canadian
2009 Vespa S50(LX150 motor swap), 2006 Vespa GTS250ie
Joined: UTC
Posts: 2319
Location: Toronto, Canada
 
Atypical Canadian
@adri avatar
2009 Vespa S50(LX150 motor swap), 2006 Vespa GTS250ie
Joined: UTC
Posts: 2319
Location: Toronto, Canada
UTC quote
jess wrote:
Oh, FFS.
Time to trademark the name if you haven't already, sue Wal-Mart, and retire a wealthy man in the Algarve lol
UTC

Hooked
Gts 300 notte
Joined: UTC
Posts: 226
Location: Toronto
 
Hooked
Gts 300 notte
Joined: UTC
Posts: 226
Location: Toronto
UTC quote
would be funny if vespa released an actual working (safe to use) pet carrier in the shape of a vespa
@ironfoot avatar
UTC

Molto Verboso
'07 GTS 250 - sold
Joined: UTC
Posts: 1337
Location: England
 
Molto Verboso
@ironfoot avatar
'07 GTS 250 - sold
Joined: UTC
Posts: 1337
Location: England
UTC quote
The seller's entire product range consists of other people's logos and brands. Most marketplaces are full of copyists like this. There's no putting the genie back in the bottle. Besides, copyright can't be argued for in this particular case.

Needless to say, the original patch was superior. See how the checked pattern continues under the red script? How the red script extends into the blue circle? And the text at the top of the patch is balanced by the url at the bottom?

External inline image provided by member with no explanatory text


Well let's just delete all that difficult stuff and copy what remains:
💩 💩 💩
💩 💩 💩
@jess avatar
UTC

Petty Tyrant
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
 
Petty Tyrant
@jess avatar
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
UTC quote
adri wrote:
Time to trademark the name if you haven't already, sue Wal-Mart, and retire a wealthy man in the Algarve lol
Trademarking something that contains the word "Vespa" and refers to scooters would be an exercise in futility. Even though I did, for the record, coin the phrase "Modern Vespa".
⚠️ Last edited by jess on UTC; edited 2 times
@jess avatar
UTC

Petty Tyrant
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
 
Petty Tyrant
@jess avatar
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
UTC quote
Ironfoot wrote:
Besides, copyright can't be argued for in this particular case.
Agreed.
Ironfoot wrote:
Needless to say, the original patch was superior. See how the checked pattern continues under the red script? How the red script extends into the blue circle? And the text at the top of the patch is balanced by the url at the bottom?
I've always been puzzled by the changes in the counterfeit patch, actually. Dropping some of the white squares around the Vespa script makes it seem broken, and there are partial white squares missing from around the inside of the circle as well. It's like they were trying to make it look bad.

Or maybe that was their attempt at making it appear just different enough to avoid legal issues.
@cdwise avatar
UTC

Veni, Vidi, Posti
GTS 300, Buddy 125
Joined: UTC
Posts: 8899
Location: Knoxville, TN
 
Veni, Vidi, Posti
@cdwise avatar
GTS 300, Buddy 125
Joined: UTC
Posts: 8899
Location: Knoxville, TN
UTC quote
Actually you can argue copyright as a derivative work. https://www.copyright.gov/circs/circ01.pdf

Though it wouldn't be worth pursing beyond the procedures in the eBay and Walmart links. Copyright is automatic upon fixing in a tangible form so you don't even need a copyright notice.
@ironfoot avatar
UTC

Molto Verboso
'07 GTS 250 - sold
Joined: UTC
Posts: 1337
Location: England
 
Molto Verboso
@ironfoot avatar
'07 GTS 250 - sold
Joined: UTC
Posts: 1337
Location: England
UTC quote
Yeah, it certainly is a derivative work in its wording and its design arrangement. The checkerboard grid is even divided into the same number of units. But the main focus of both patches is a pre-existing logo belonging to a well known brand.

For the creator of the first patch to make a claim for copyright infringement on the second patch would require a great deal of brass neck, as we say in the UK.
@znomit avatar
UTC

Hobbitus Moderatorus
S50, R1100s, way too many pushbikes
Joined: UTC
Posts: 11685
Location: Hermit Kingdom
 
Hobbitus Moderatorus
@znomit avatar
S50, R1100s, way too many pushbikes
Joined: UTC
Posts: 11685
Location: Hermit Kingdom
UTC quote
So we're all People of Walmart?
@max6200 avatar
UTC

Banned
2006 GTS 250
Joined: UTC
Posts: 10590
Location: KS USA
 
Banned
@max6200 avatar
2006 GTS 250
Joined: UTC
Posts: 10590
Location: KS USA
UTC quote
znomit wrote:
So we're all People of Walmart?
Hmmm talk to the hand...


I get all my meat at the local meat market. Everyone who's anyone knows where that is.
OP
@gbaby avatar
UTC

Molto Verboso
Modern Primavera (not pictured); Moto Guzzi V-85 TT
Joined: UTC
Posts: 1840
Location: Los Angeles, CA
 
Molto Verboso
@gbaby avatar
Modern Primavera (not pictured); Moto Guzzi V-85 TT
Joined: UTC
Posts: 1840
Location: Los Angeles, CA
UTC quote
jess wrote:
Even though I did, for the record, coin the phrase "Modern Vespa".
That's pretty cool, I'll say.
@vintage_red_matthew avatar
UTC

MV Santa
GTS250, 1975 VBC, 1980 P200E cutdown, GT200L
Joined: UTC
Posts: 5005
Location: Sedgwick, Kansas
 
MV Santa
@vintage_red_matthew avatar
GTS250, 1975 VBC, 1980 P200E cutdown, GT200L
Joined: UTC
Posts: 5005
Location: Sedgwick, Kansas
UTC quote
jess wrote:
Oh, FFS.
Maybe you should copyright Modern Vespa.
@shebalba avatar
UTC

Ossessionato
2009 GTS250, Ducati Monster M900, KTM 390 Adventure, Honda CR125
Joined: UTC
Posts: 2114
Location: Oceanside, CA
 
Ossessionato
@shebalba avatar
2009 GTS250, Ducati Monster M900, KTM 390 Adventure, Honda CR125
Joined: UTC
Posts: 2114
Location: Oceanside, CA
UTC quote
jess wrote:
Or maybe that was their attempt at making it appear just different enough to avoid legal issues.
Most likely ^^^ this. My wife is a graphic designer and she found a large department store chain's 'in-house' brand knocked off one of her prints. It was an obvious copy.

When she looked into legal options with a copyright lawyer she was told that the knockoff looked to be at least 15% different, which pretty much put them in the clear.
@jess avatar
UTC

Petty Tyrant
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
 
Petty Tyrant
@jess avatar
0:7 and counting
Joined: UTC
Posts: 39740
Location: Bay Area, California
UTC quote
vintage red matthew wrote:
Maybe you should copyright Modern Vespa.
I expect Vespa would challenge that.
OP
@gbaby avatar
UTC

Molto Verboso
Modern Primavera (not pictured); Moto Guzzi V-85 TT
Joined: UTC
Posts: 1840
Location: Los Angeles, CA
 
Molto Verboso
@gbaby avatar
Modern Primavera (not pictured); Moto Guzzi V-85 TT
Joined: UTC
Posts: 1840
Location: Los Angeles, CA
UTC quote
I think having coined a term that is used around the world, even by people who aren't on this forum, is an achievement. My friend David Cohen coined the word "cromulent" and it's almost my favorite thing about him.
@sledge avatar
UTC

Ossessionato
GTS 300 HPE
Joined: UTC
Posts: 2395
Location: Adelaide
 
Ossessionato
@sledge avatar
GTS 300 HPE
Joined: UTC
Posts: 2395
Location: Adelaide
UTC quote
Modern Vespa membership embiggens the mind.

Modern Vespa is the premier site for modern Vespa and Piaggio scooters. Vespa GTS300, GTS250, GTV, GT200, LX150, LXS, ET4, ET2, MP3, Fuoco, Elettrica and more.

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