Frequently Asked Questions

Content

1. What should I do if I don't receive my password?
2. How do I upload my advertisement?
3. The big jack plug is overlapping the Submit Advertisement menu item. What's wrong?
4. My advertisement isn't appearing even though I uploaded it, including the pictures.
5. Why do I have to pay if I want to upload more than 5 advertisements?
6. Legal status of Fake, Copy, REPLICA
7. Can I advertise something by indicating that it is a copy?

8. What does patent protection protect and what does it not protect?

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1. What should I do if I don't receive my password?

Write a letter to the Contact page

2. How do I upload my advertisement?

• For the Brand name, really only write the manufacturer!
• For the Type (Model), you can write the model
• For the Item, write what you are advertising. If it's an Electric guitar, write that; if it's a Cable, write that. A drop-down list helps. If the item you want to advertise is not on the list, it will appear on the site, but in an unfavorable location. Send us an e-mail to create, for example, the item called 'pro-suction-piston-pull-string', because it's a musical instrument and you own one.

3. The big jack plug is overlapping the Submit Advertisement menu item. What's wrong?

Your browser is old, you need to update it. (Either update your Internet Explorer browser, or download Firefox browser!)

4. My advertisement isn't appearing even though I uploaded it, including the pictures.

The advertisement must be activated; this can be done at the Advertisement Editing stage with a single button press.

5. Why do I have to pay if I want to upload more than 5 advertisements?

This is essentially a contribution to the maintenance of GS Fanatic. It is not an easy task, we have been running it for years (since 2005). The site was fundamentally built for you, to serve your prosperity. We welcome all offers and help.

We especially like work. If you feel you are very knowledgeable about the topic, apply to be an editor, moderate a forum, or simply correct potential mistakes with your comments :-)

6. Legal status of Fake, Copy, REPLICA

A few basics on the topic:

• The word Replica means copy.
• If the copy is marketed without the consent of the rights holder, it is considered a counterfeit.

• If a copy does NOT bear the brand name (trademark, logo) of the copied product, but includes external features that are unique characteristics of the given original item, the act of counterfeiting occurs even in this case.

  Relevant information on the topic from the fogyasztovedelem.info website **[start quote]

  Misrepresentation of Goods**

"Any person who produces goods—without the competitor's consent—with such a distinctive appearance, packaging, marking, or designation by which the competitor or its goods with distinctive characteristics can be recognized, or who acquires, possesses, or places such goods on the market for the purpose of placing them on the market, commits a felony and shall be punished by imprisonment for up to three years." ($Btk.$ § 296)

The criminal law protection extends not only to officially registered, listed trademarks but also to designations that have become known and accepted on the market. Placing on the market typically covers the retail and wholesale sale of the product, as well as all activities necessary for the product to reach the consumer from the manufacturer. The conduct is only suitable for establishing a criminal offense if the production, acquisition, possession, or placing on the market of the goods occurs without the competitor's consent.

The crime can only be committed intentionally, meaning the perpetrator is aware that they are producing or placing on the market goods that closely resemble the goods marketed by the competitor in appearance, presentation, packaging, marking, or designation to the point of deception, and is also aware that the competitor has not consented to the distribution.

If the value of the goods does not exceed HUF 100,000, it constitutes only a misdemeanor, not a crime.

Deception of the Consumer

"Any person who, for the purpose of making goods more desirable, publicly states an untrue fact or a true fact in a manner suitable for deception concerning the essential characteristic of the goods, or provides information concerning the essential characteristic of the goods in a manner suitable for deception, commits a misdemeanor and shall be punished by imprisonment for up to two years, public service work, or a fine. The essential characteristic of the goods includes their composition, usability, effect on health and the environment, as well as their handling, origin, whether they comply with legal requirements, national standards, or usual requirements for the goods, and whether the use of the goods requires the realization of conditions significantly different from the usual.

The possibility of winning a prize or other advantageous consequence promised for the purchase of the goods is also considered an essential characteristic of the goods." ($Btk.$ § 296/A)

Not only the information itself but also the manner in which it is provided may be suitable for deceiving the consumer, and thus for establishing a criminal offense. During the procedure, the general meaning of the terms used in everyday life or the profession shall be decisive in determining whether the information is suitable for deceiving consumers.

According to the $Btk.$, great publicity shall also be understood as the commission of the crime through the press or other mass media or by reproduction. Based on judicial practice, great publicity can be established if a large number of people whose exact count cannot be determined by mere observation are present at the place of commission, or if there is a realistic possibility that a large or indeterminate number of people become aware of the crime. The establishment of great publicity is therefore clear in the case of advertising in a newspaper, on the radio, on television, or in shop windows, on advertising columns, or on public transport vehicles.

[end quote]

7. Can I advertise something by indicating that it is a copy?

Unequivocally NO. The sale of imitations (even if they are individually made imitations) also violates advertising law, qualifying as comparative advertising.

"3. Article 3a(1) of Directive 84/450 concerning misleading and comparative advertising, as amended by Directive 97/55, must be interpreted as meaning that an advertiser who, expressly or by implication, indicates in comparative advertising that the goods marketed by him are an imitation of goods bearing a well-known trade mark presents 'goods or services as imitations or replicas' within the meaning of that Article 3a(1)(h).

The specific purpose of the condition laid down in Article 3a(1)(h) of Directive 84/450 is indeed to prohibit the advertiser from indicating in comparative advertising that the product marketed by him is an imitation or replica of goods or services bearing a trade mark. In this regard, not only advertising messages that explicitly refer to an imitation or replica are prohibited, but also those which, having regard to the general and economic context of the case, are capable of implicitly conveying this idea to the target audience.

In this respect, the question whether the advertising message indicates that it is an imitation of a product bearing a protected trade mark as a whole, or merely an imitation of an essential characteristic of that trade mark, is irrelevant.

Where comparative advertising which presents the advertiser's goods as an imitation of a trade-marked good is contrary to honest competition under Directive 84/450, and is therefore unlawful, the profit realised by the advertiser as a result of that advertising is the result of unfair competition and must consequently be regarded as taking unfair advantage of the reputation of that trade mark within the meaning of the said Article 3a(1)(g)."

Source: eur-lex.europa.eu

Indicating Imitation

The sale of imitations, even if their copy nature is indicated, violates the Lisbon Agreement.

"Article 3 Protection shall be ensured against any misuse or imitation, even if the indication is used in translation or accompanied by terms such as 'kind', 'type', 'style', 'imitation' or the like."

Source: sznth.hu

8. What does patent protection protect and what does it not protect?

A very useful read for those who feel they have strayed into dangerous territory:

https://www.sztnh.gov.hu/kiadv/ipsz/199710/verseny.htm

Have fun and happy shopping, everyone! GS Fanatic