There Are Pandas, and Then There Are Pandas.
And this isn't either of them! The Pandas we're talking about here, are watches, not bears. And what got me thinking about them (again) was a link posted this morning by @cm.rook who pointed a few of us to the very attractive (and not terribly priced) Yema "Rallygraph" Panda which, in it's most traditional arrangement, looks like the one on the left, but can also be had in the version on the right: The model on the left is a true Panda, while the model on the right is called a reverse Panda. The reason for that distinction is clear--Panda bears, only come in the first arrangement. Now at this point, everyone should be thinking about the most well-know Panda, The Rolex Panda, which is actually a Daytona, and among Rolex Daytonas, the most famous of which is the Paul Newman Daytona, which was famous first, because it was Paul's, and second because it sold at auction for $17.8 million (US Dollars). The story of that auction is well-known so I'll only...
Nov 8, 2019
A homage is "special honor or respect shown publicly." To me this would mean taking design cues from another product but still doing something new. The Nomos Tangente is a homage to the old Bauhaus watches. Writing a piece of music with an allusion to another piece of music is a homage.
Counterfeiting is making an exact copy. A knockoff is just a counterfeit that doesn't pretend to be the same brand. (https://bucks.blogs.nytimes.com/2010/10/28/the-legality-of-buying-knockoffs/) Relevant quote:
"According to the lawyers I spoke with, it is important to distinguish between counterfeit and knockoff goods. Counterfeit goods, they said, actually have copies of a brand’s label or signature symbols or marks that so closely resemble the original they appear identical (think a Lacoste-looking design with the signature alligator). Knockoffs, on the other hand, don’t have such words or symbols and merely resemble the original."
I also like watches and can't afford them unfortunately. However, buying knockoffs or counterfeits only supports an industry built upon stealing. Watches are just a luxury in the end.
I am not here to argue about legalities but merely to point out that another person also considers the definition of a knockoff to be the same as what I posted.
I agree that considering the difference in price, the market probably does not overlap. However, that doesn't mean there won't be a loss in sales. For example, some companies can charge more for products due their products having features which are exclusive, and one such potential feature is design. Having knockoffs might make the design less desirable if it's easily obtainable from much cheaper products.
The lawyer in the above post literally posted the definition of a counterfeit so I don't know what you're talking about. Most modern dive watches would not be in that category because they don't have Rolex on the watch? If you have a better source for a definition then feel free to share as I"m not a lawyer.
I'm not sure what I said which made you read it that way but I was actually trying to disagree with your definitions of knockoff, counterfeit, and homage.
> Did not want to say this before but I am in fact a lawyer
Unfortunately I don't fully understand how this is relevant given I was never trying to imply the legality of anything and you yourself said knockoff is not a legal term. Perhaps homage is?
> I do know the difference between a counterfeit and a homage, and it comes down to what I described before.
Again, I do not believe countefeit is the same as knockoff. Quote from wikipedia (https://en.wikipedia.org/wiki/Counterfeit_consumer_goods): " A "knockoff" is a colloquial term which describes products that copy or imitate the physical appearance of other products, but which do not copy the brand name or logo of a trademark. They may, or may not, be illegal under trademark laws."
Or in other words, not copying name does not imply not a knockoff.
I don't know why you keep trying to tell me what a homage is when I'm saying I disagree with your definitions. Unless there's some legal definition for homage which is different from the English definition (which is something along the lines of pay respects to as I posted earlier), using the same design for a cheap watch but without their logo isn't a homage. There's no respect being paid, it's just stealing of design in an attempt to make money.