Homage Watches

Aqua Homer wrote:

jaw wrote:

Anomaly wrote:

(photo credit to G.Curio)

Someone get G. Curio back over here where REAL watch discussions are going on!

I'll second that.

nismo1 ("fart in a bottle" to Invicta CS) is another candidate but I don't know him well.
Not an homage kinda guy - but has some flat out killer divers, Doxa, Zinex, etc.

"Nismo1" is Sean......Yamahaki.

I'm Shocked!

In one day this place has been overrun with Marina Militare. Nice!

[quote="eddiea"][quote="cali kid"]

TVDinner wrote:

Is this the same MM company Panerai took to court for copyright infringements? Naples Watch co.? not sure if that lawsuit is still on ...

I don't know that particular watch but "Marina Militare" is a branding used by a number of evidently unconnected Panerai-lookalike builders--and I mean unconnected to each other, not Panerai.

The most interesting thing about Panerai's contention that the distinctive crown guard should be protected by Trade Dress legislation (looks/design protection) is that Panerai already had protected the crown guard under patent due to function. Protection is generally given for one reason *or* the other but under US law, according to some interpretations at least, protection is NOT to be given for both.

LysanderXiii on another forum dug this up:

Quote :

"Under some circumstances, trademark protection can extend beyond words, symbols, and phrases to include other aspects of a product, such as its color or its packaging. For example, the pink color of Owens-Corning fiberglass insulation or the unique shape of a Coca-Cola bottle might serve as identifying features. Such features fall generally under the term "trade dress," and may be protected if consumers associate that feature with a particular manufacturer rather than the product in general. However, such features will not be protected if they confer any sort of functional or competitive advantage. So, for example, a manufacturer cannot lock up the use of a particular unique bottle shape if that shape confers some sort of functional advantage (e.g. is easier to stack or easier to grip)."[see Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U.S. 844, 850, n. 10, 102 S.Ct. 2182, 2186, n. 10, 72 L.Ed.2d 606]

(From http://cyber.law.harvard.edu/metasch.../domain/tm.htm)

The crown/lock allows improved water resistance protection by compressing the gasket to improve the seal, even if the gasket is worn. This clearly offers a functional and competitive advantage.

In short, you cannot double dip into the legal protection of trademarks and patents. You can patent an invention that provides in increase in usefulness (protected for 17 years under US laws), or you can trademark a purely decorative branding (protected until you cease to attempt to enforce the protection), but you cannot do both.

This leaves entirely aside Panerai's interesting claim that it somehow owns the name of the Italian Navy

They don't "own the name of the Italian Navy" They trademarked that name for use on the dial of a watch. It's very simple really, but many seem to try to circumvent the facts in this case. A simple explanation can be found at WUS where you got Lysanders post from. There is a valid reason why WUS does not alow even the typing of the name "Marina Militare".

Aqua Homer wrote:

They don't "own the name of the Italian Navy" They trademarked that name for use on the dial of a watch. It's very simple really, but many seem to try to circumvent the facts in this case. A simple explanation can be found at WUS where you got Lysanders post from. There is a valid reason why WUS does not alow even the typing of the name "Marina Militare".

You're correct--they control the use of the term on the dial of a watch; they don't "own the name of the Italian Navy".

That said, WUS filters the typing but does allow the showing of the name "Marina Militare" but only if it is being used to describe the legitimate Panerai product. What Ernie wrote was:

Quote :

Correct, no more discussions about the
non genuine MM and no more pictures showing the non genuine MM. I'm
taking the Richemont Group very seriously and support and respect their
products and trademarks.
__________________
Best regards,

Ernie Romers (emphasis mine--RG/AT)

My opinion of the crown guard issue is that Panerai uses it's economic clout to intimidate smaller producers with something like the trademark-related equivalent of a SLAPP suit.

Aqua Homer wrote:

In one day this place has been overrun with Marina Militare. Nice!

You go away for a couple hours, come back and the entire world has changed.

Sucks, don't it?

Homage, look a like, whatever you call it...

If someone is not trying to pass it off as the REAL THING, I really don't have an issue with it.

I DO NOT look down on anyone who buys or builds a homage, I do prefer the sterile dial versions if someone is doing that...

I bought my Panerai to impress...MYSELF; for the intrinsic value I place on it beyond it's price.

Someday I will pass it down to my son, what is THAT worth?

Anomaly wrote:

Homage, look a like, whatever you call it...

If someone is not trying to pass it off as the REAL THING, I really don't have an issue with it.

I DO NOT look down on anyone who buys or builds a homage, I do prefer the sterile dial versions if someone is doing that...

I bought my Panerai to impress...MYSELF; for the intrinsic value I place on it beyond it's price.

Someday I will pass it down to my son, what is THAT worth?

FANTASTIC summary Alan ! You said it all and the last part was
outstanding !!!..To answer THAT question..Priceless !