We all know that eBay is the digital equivalent of Mos Eisley (which Obi-Wan Kenobi (played by Alec Guinness) described as a "wretched hive of scum and villainy." ) but I'm surprised to see real life bricks & mortar auctioneers behaving in a less than scrupulous fashion.

Look at this - described as "A gentleman's vintage wristwatch bearing the name Omega "
First, it has a £50-100 estimate, but the opening price is £180 …





I did say to the auctioneer, "you do know is a fake Omega?"

Response - "Yes we know hence described this way. Kind regards "

Is it even legal to openly sell a fake without declaring it? I'll be avoiding that particular auctioneer (Bowler and Binnie) anyway...

 

Talk about parsing one's words carefully ...

 

Wow that’s bad. Also if you read thier T&C they technically state they can sell fakes as long as they don’t describe it as real.

 

No matter how they wrap it up, or add disclaimers, it's still illegal...

https://www.legislation.gov.uk/ukpga/1994/26/section/92

"Unauthorised use of trade mark, &c. in relation to goods.

(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..."


"(6) A person guilty of an offence under this section is liable—

(a) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding ten years, or both."

 

That auction house is just across the river from me, and as a Scot, I'm embarrassed by that description. I have emailed them to complain.

 

That is very poor form.
On the (several) occasions where I’ve advised an auction house they were listing a fake Connie they have removed it and written back to thank me.
Good that you named and shamed.

 

You and me both, Gordon.

 

I did write back and said:

"Even if you describe it as “bearing the name Omega”, I think it’s disingenuous to offer the lot at all (and the other “bearing the name” watches in the same auction). What do you think is going to happen to these fakes? Someone will buy them for their own enjoyment... or an unscrupulous dealer will buy them and re-sell them to unsuspecting punters elsewhere.

If I were you, I’d hold myself to a higher standard."

I wonder if they'll respond with something a bit more proactive. If not, maybe we can set @tyrantlizardrex on them.
What's with the new avatar, Chris? You're confusing us all.

 

Listing now says withdrawn, hopefully they have now been schooled and won't repeat the offense.

 

Indeed they have - and the following lot, which was an almost identical "bearing the name of Omega" watch.

But they still have lot 110:
https://www.the-saleroom.com/en-gb/...0018/lot-63aa060e-7ab6-4112-90af-a8ed01708e6b
"A Collection of various vintage watches which includes Lanco automatic, Seiko automatic & a watch bearing the name Rolex. "

 

No response to my email but I suppose actions speak louder than words. An auction house to avoid though, or at least one to be considered carefully before frequenting.

 

Better?

 

Isn’t there like a consumer protection or fraud prosecution agency in the UK?
If this is a criminal offense as it seems from @tyrantlizardrex it’s a bit of an understatement call it “poor form” or “disingenuous”. If it happened in France and were so blatant I would tell them I’d report them to law enforcement and write to the Swiss multinationals whose trademarks were being infringed.
See how much they would like to deal with Rolexes and Swatches’ lawyers.

 

They obviously only care enough not to get catch too much attention. I hope they do end up pissing Rolex or one of the bigger brands off, it'll be interesting to see if they continue bearing their own name for long after that.

 

There’s Trading Standards... I cant imagine they’d be impressed.

 

In the case of the Omega they could definitely get into trouble due to the fake hallmarks.

 

@gatorcpa I’d have to respectfully disagree; regardless whether the auction house attempted to mislead, the following provision @tyrantlizardrex quoted clearly sets out a criminal offense for trying to derive profit from a counterfeit item:

 

I saw this watch listing and have seen this more and more from a few UK auction houses that also sell nice, geniune watches, also the shameless use of 'replica' + watch brand. They are shooting themselves in the foot big time doing this!