• Welcome! The TrekBBS is the number one place to chat about Star Trek with like-minded fans.
    If you are not already a member then please register an account and join in the discussion!

Buyer says "Star Trek" souvenirs fake

sbk1234 said:
I can understand the idea behind punitive damages. But does the plaintiff get it? In my mind, punitive damages should be given to someone else, the city, or some other third party. Just my thought.

No, a plaintiff can get punative damages.
 
T J said:
Lets get it over with shall we? ;)
ItsaFaaaake.gif

That's one satisfied isolinear rod.
 
Rarewolf said:
8fkdnav.jpg

case closed.

Perhaps they made another cause Brent nicked the first?

^^^

If the visor was part of Lot 63 - the plaintiff is obviously an idiot who can't read. If not; or the auctioneer said 'worn by' during the auction, he has a case.
 
^ I was at the auction, and their spoken descriptions of many items were either slightly off, wrong or innacurate. I don't know if that makes them responsible for this.

I own Avery Brook's red and black starfleet uniform from the first 5 seasons of DS9, sold as his screen worn uniform, with his name tag inside and corresponding wardrobe tags. It's a great thing to own and display, but it would affect it's value a lot if its authenticity is called into question. Words like provenance, authentic etc. are the very cornerstones of an auction house's life.
 
Haytil said:
Punitive damages are to deter the company from engaging in fraud again in the future. The damages need to be significant, to make sure that the company realizes it is not profitable to continue engaging in fraud.

Consider the alternative: Without significant punitive damages, it becomes easy to profit off of fraudulent auctions. Auction 100 fake props from a famous TV show for $1000 each, claiming they are legitimate.

If 20 people realize it's a fraud, and you aren't liable for punitive damages, then you just have to return the money, right?

So you still end up selling 80 props for $1000 each, totally $80,000 in profit (I'm assuming that a fake prop is fairly cheap and is approximately $0 to produce or acquire).

Significant punitive damages mean you risk losing a lot more than having to offer a refund. So much, in fact, that fraud is significantly discouraged (which is the whole point).

Yes, $7 million is a lot. But Christies sells millions upon millions of dollars worth of items each year. Unless the lawsuit is for millions, it wouldn't really matter to Christies.

Unless continuing to sell things they are wrong, thus committing fraud and thus a crime, EVERYONE gets a refund, and the people having commit the crime, go to jail for a time. THAT is the way it would be fair, not toss a million dollars to some guy.
 
If the guy is simply wrong, as Rarewolf seems to suggest, then maybe the buyer and Brent are liable for libel.
 
22 Stars said:
I own Avery Brook's red and black starfleet uniform from the first 5 seasons of DS9, sold as his screen worn uniform, with his name tag inside and corresponding wardrobe tags.

Wow! Not to get too far off-topic here...but that's a cool piece of memorabilia to own! Well done! :thumbsup:
 
I don't know anything about Star Trek auctions, but let me see if I have this clear.

Rarewolf is making the point that if the auction company originally advertised the product as "worn by", and then later makes some fineprint footnotes to contradict their false advertising; the footnote which says "That should have read 'made for' instead of 'worn by'" --- then that makes the customer/victim responsible for being duped by the false advertising?

If so, that doesn't seem right at all.
 
If Christie's published a correction BEFORE this guy made his bid, is it their fault if he bid anyway?
 
skylark said:
If Christie's published a correction BEFORE this guy made his bid, is it their fault if he bid anyway?

Yes. If everything written and said by auctioneers tells us what is being auctioned in one thing, and then have one tiny footnote in small lettering somewhere that says, "You know, we're really lying when we wrote and say that, you should pretend it means this." it's Christie's fault. They're just plain committing fraud and use the small lettering as a loophole to keep from getting convicted for it. They should be tossed in jail for it.
 
Auction catalog corrections are usually printed on a large sheet (such as was scanned above), placed in every copy of the catalog, and referred to at the time of auction. A buyer missing all this has only themselves to blame.
 
PKTrekGirl said:
22 Stars said:
I own Avery Brook's red and black starfleet uniform from the first 5 seasons of DS9, sold as his screen worn uniform, with his name tag inside and corresponding wardrobe tags.

Wow! Not to get too far off-topic here...but that's a cool piece of memorabilia to own! Well done! :thumbsup:

Thanks! It is a fun conversation piece, and I've been meaning to start a thread with pictures :) I have an autographed 8x10 of him wearing it, which will go on the wall next to it. I was able to score a free mannequin for it, but unfortunately it looks more like a roman statue than Avery Brooks, but hey, I couldn't pass it up!

OT, it will be very interesting to find out what happens, and I'm considering contacting the lawfirm this guy has hired just in case there is a class-action suit.
 
3D Master said:
skylark said:
If Christie's published a correction BEFORE this guy made his bid, is it their fault if he bid anyway?

Yes. If everything written and said by auctioneers tells us what is being auctioned in one thing, and then have one tiny footnote in small lettering somewhere that says, "You know, we're really lying when we wrote and say that, you should pretend it means this." it's Christie's fault. They're just plain committing fraud and use the small lettering as a loophole to keep from getting convicted for it. They should be tossed in jail for it.

LOL! I'll bet you get suckered by high-interest credit cards because you don't bother to read the contract! (All that fine print, you know.)
 
skylark said:
3D Master said:
skylark said:
If Christie's published a correction BEFORE this guy made his bid, is it their fault if he bid anyway?

Yes. If everything written and said by auctioneers tells us what is being auctioned in one thing, and then have one tiny footnote in small lettering somewhere that says, "You know, we're really lying when we wrote and say that, you should pretend it means this." it's Christie's fault. They're just plain committing fraud and use the small lettering as a loophole to keep from getting convicted for it. They should be tossed in jail for it.

LOL! I'll bet you get suckered by high-interest credit cards because you don't bother to read the contract! (All that fine print, you know.)

No, I don't get suckered. Yes, read the contract. No, the above is not the same. And yes, if a credit card company keep stuff in small lettering on a separate piece of paper and when they talk to you and the contract say something totally different than what's on that separate piece of paper and the separate piece is suddenly what's really going on, they should be locked away in jail for the exact same reasons.
 
While I can understand why you'd want this to be so, it is, unfortunately, purely wishful thinking.
 
3D Master said:
Unless continuing to sell things they are wrong, thus committing fraud and thus a crime, EVERYONE gets a refund, and the people having commit the crime, go to jail for a time. THAT is the way it would be fair, not toss a million dollars to some guy.
Shouldn't the guy who first finds the fraud get a reward for it? That way buyers have a positive motivation to look for suspicious activity, as they get more than their original money back (with or without interest?), and thus sellers have a positive motivation to prevent fraudulent representation as they face, on top of everything else, large and not necessarily predictable fines. (Unpredictability is here a good thing: it makes it harder to budget for their frauds.)
 
Nebusj said:
3D Master said:
Unless continuing to sell things they are wrong, thus committing fraud and thus a crime, EVERYONE gets a refund, and the people having commit the crime, go to jail for a time. THAT is the way it would be fair, not toss a million dollars to some guy.
Shouldn't the guy who first finds the fraud get a reward for it? That way buyers have a positive motivation to look for suspicious activity, as they get more than their original money back (with or without interest?), and thus sellers have a positive motivation to prevent fraudulent representation as they face, on top of everything else, large and not necessarily predictable fines. (Unpredictability is here a good thing: it makes it harder to budget for their frauds.)

I think preventing yourself from getting befrauded or getting your money back when you are is motivation enough, isn't it? And sellers are similarly motivated, because they go to JAIL if caught committing fraud. No amount of money is going to cause more of a motivation not to fraud people.
 
NCC621 said:
If the guy is simply wrong, as Rarewolf seems to suggest, then maybe the buyer and Brent are liable for libel.

They wouldn't be, unless they published their comments somewhere. One can only be libeled by a published statement.

Now, slander, that's a different question.
 
If you are not already a member then please register an account and join in the discussion!

Sign up / Register


Back
Top