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 large jack plug is overlapping in the Submit Ad menu. What's wrong?
4. My advertisement is not showing up even though I uploaded it, including the images.
5. Why do I have to pay if I want to upload more than 3 advertisements?
6. Legal status of counterfeit, replica, and copy
7. Can I advertise something indicating that it is a replica?
8. What does patent protection cover and what does it not?

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

Send an email to info@gitarshop.hu.

2. How do I upload my advertisement?

- For the Brand field, only enter the manufacturer's name.
- For the Model field, enter the model name.
- For the Title field, enter the description of the item you are advertising. If it's an Electric Guitar, write that; if it's a Cable, write that. It helps to use the dropdown list. If the item you want to advertise is not listed, it will still appear on the website but in an unfavorable position. Send an email to create a custom title, for example, "prosivodugattyuhuzoszal," because it's a musical instrument and that's what you have.

3. The large jack plug is overlapping in the Submit Ad menu. What's wrong?

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

4. My advertisement is not showing up even though I uploaded it, including the images.

The advertisement needs to be activated, which can be done with a single click in the Edit Ad section.

5. Why do I have to pay if I want to upload more than 3 advertisements?

This is essentially a contribution to the maintenance of GitárShop.HU. It's not an easy task, we've been doing it for years (since 2005). The website is primarily designed for you, to serve your needs. We appreciate any donations and assistance.

We especially appreciate the work. If you feel you have a good grasp of the topic, apply to be an editor, moderate forums, or simply correct any possible mistakes with your comments :-)

6. Legal status of counterfeit, replica, and copy

Some basics about the topic:
- The word "Replika" means replica.
- If the replica is put into circulation without the consent of the rights holder, it is considered counterfeit.
- Even if the copied product does not display the brand name (trademark, logo) but contains external features that are unique to the original item, counterfeiting still occurs in this case.< br>
For relevant information, visit the fogyasztovedelem.info website.

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Counterfeit Labeling

"Anyone who produces goods - without the consent of the competitor - with distinctive external appearance, packaging, labeling, or designation that can be recognized as the competitor's product or one with distinctive characteristics commits a crime and shall be punished with imprisonment for up to three years." (Section 296 of the Criminal Code)

The criminal protection applies not only to officially registered and registered trademarks but also to names that have become known and accepted in the market. The marketing usually refers to the retail and wholesale sales of the product, as well as any activities necessary for the product to reach the consumer from the manufacturer. The criminal act can only be established if the production, acquisition, possession, or marketing of the goods is done without the consent of the competitor.

The offense can only be committed intentionally, meaning that the perpetrator is aware that they are producing or marketing goods that resemble the competitor's product in appearance, packaging, labeling, or designation to the point of deception, and that the competitor has not consented to the marketing.

If the value of the goods does not exceed 100,000 forints, it is not a crime but a misdemeanor.

Deception of Consumers

"Anyone who, in order to generate demand for the goods, makes a false statement or provides misleading information about the essential characteristics of the goods in a manner capable of deception, commits a misdemeanor and shall be punished with imprisonment for up to two years, community service, or a fine. The essential characteristics of the goods include their composition, usability, impact on health and the environment, handling, origin, compliance with legal regulations, national standards, or customary requirements for the goods, as well as if the use of the goods requires significantly different conditions than usual.

The promised chance of winning or other beneficial consequences resulting from the purchase of the goods also qualifies as an essential characteristic." (Section 296/A of the Criminal Code)

The offense can be established not only based on the information provided but also on the manner in which it is presented, as it may be capable of deceiving consumers. In the proceedings, the accepted general meaning of the terms used in everyday life or in the profession is decisive in determining whether the information is capable of deceiving consumers.

According to the Criminal Code, the term "in public" also includes the commission of the offense through the press or other mass media or by means of duplication. According to judicial practice, the establishment of "in public" can be made when there is a larger number of people present at the place of the offense that cannot be determined merely by a cursory glance, and there is a realistic possibility that a larger or undetermined number of people become aware of the offense. Therefore, the establishment of "in public" is clear in the case of advertising in newspapers, radio, television, or in shop windows, billboards, or public transportation vehicles.

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

Definitely NOT. Selling counterfeits (even if they are individually made imitations) is also a violation of advertising laws and qualifies as comparative advertising.

"3. The provision of Article 3a(1)(h) of Directive 84/450/EEC on misleading and comparative advertising, as amended by Directive 97/55/EC, must be interpreted as meaning that an advertiser who, in a comparative advertisement, explicitly or implicitly makes reference to the fact that the goods he markets are imitations of goods bearing a well-known trade mark is, within the meaning of that provision, presenting 'goods or services as imitations or replicas'.

The special purpose of the condition laid down in Article 3a(1)(h) of Directive 84/450 is to prohibit an advertiser from stating, in a comparative advertisement, that the product he markets is an imitation or replica of a trade-marked product or service. In that respect, it is not only advertisements which explicitly refer to imitations or replicas that are prohibited, but also those which, having regard to the general and economic context of the case, are capable of conveying that idea to the target audience implicitly.

In that regard, it is immaterial whether the advertisement indicates that it concerns, in general, an imitation of a product bearing a protected trade mark or only an imitation of one of the essential characteristics of that mark.

When comparative advertising presents the goods of the advertiser as imitations of goods bearing a trade mark, such advertising is, under Directive 84/450, contrary to fair competition and therefore unlawful, and the profit earned by the advertiser as a result of that advertising is the result of unfair competition and must, accordingly, be regarded as exploitation of the reputation of that mark within the meaning of Article 3a(1)(g) of that directive."

Source: eur-lex.europa.eu

Imitation

The sale of imitations is in conflict with the Lisbon Agreement if we indicate its nature as a copy.

"Article 3
Protection must be afforded against any misuse, imitation or translation, even if the mark is accompanied by such an indication as 'kind', 'type', 'imitation' or the like."

Source: sznth.hu

8. What is protected and what is not protected by patent rights?

A very useful reading for those who feel they have ventured into a dangerous area: http://www.sztnh.gov.hu/kiadv/ipsz/199710/verseny.htm


Enjoy and happy shopping to everyone!
GS Fanatic
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