Even better Dave two hammers...
For one, in the new law, the owner of the trademark (e.g. PCGS, NGC) can sue for violations...
But also, go off and read 15 U.S. Code ยง 2102 - Private enforcement from the existing law! (from
http://www.law.cornell.edu/uscode/text/15/2102)Quote:
(b) Coins and other numismatic items
The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce of any imitation numismatic item which is not plainly and permanently marked "copy", is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].
with the changes from the new law:
Quote:
(a) Political items
The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce of any imitation political item which is not plainly and permanently marked with the calendar year in which such item was manufactured, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].
(b) Coins and other numismatic items
The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce , or the sale in commerce of any imitation numismatic item which is not plainly and permanently marked "copy", is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].
(c) Rules and regulations
The Federal Trade Commission shall prescribe rules for determining the manner and form in which items described in subsection (a) or (b) of this section shall be permanently marked.
(d) Provision of assistance or support.โ"
It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b).
(d)(e) Exemption
Subsections (a) and (b)(b), and (d), and regulations under subsection (c) of this section, shall not apply to any common carrier or contract carrier or freight forwarder with respect to an imitation political item or imitation numismatic item received, shipped, delivered, or handled by it for shipment in the ordinary course of its business.
Quote:
If any person violates section 2101 (a) or (b) of this title or a rule under section 2101 (c) of this title, any interested person may commence a civil action for injunctive relief restraining such violation, and for damages, in any United States District Court for a district in which the defendant resides or has an agent. In any such action, the court may award the costs of the suit, including reasonable attorneys' fees.
Now combine the two...
Arguably Congress could have chosen to add "or auction venue" to the new (e) to give
ebay et al a safe harbor. Like ISPs have with the DMCA... but they didn't...
So as the law stands, there is no minimum amount of fake sales, no safe harbor, nothing - unless you are a common carrier (USPS say) handling the shipment.
But, before you start playing Thor, think about what happens... sue and
ebay just shuts down the coin sales area. It's not trivial revenue for them, but it's small compared to the risk to the multiple billion dollar business. One whiff of a lawsuit and CCF shuts down BST (or adds to the moderator's burdens) because of the risk of two members trading a contemporary counterfeit (no exemption in law for those!). BST works for the small number of people here who know and trust each other. But the vast majority of our hobby - who no longer have an LCS - lose and drop away...
So rather than just trot off to the courthouse, what we should be doing is getting ICTA (
http://www.ictaonline.org/) involved in talking to
ebay et al and working with them to clean up their acts.
In law, the best hammer is the one you never swing.
-----Burton
50+ year / Life / Emeritus
ANA member (joined 12/1/1973)
Life member: Numismatics International, CONECA
Member: TNA, FtWCC, NETCC, EveryCountry (online) coin club
Owned by three cats and a wife of 40+ years (joined 1983)
Author: 3rd Edition of the Sample Slabs book,
https://www.sampleslabs.info/
Posted 01/20/2015 09:14 am
