Let see if I can explain this without making the water more muddy!
In the example above, the Kayfun and Russian 91%.
Kayfun was 1st
Russian is produced but is different due to the air flow control
Now the Kayfun has coping the Russian and added air flow control
So, counterfeit or clone?
First let's look at the design. The Kayfun is basically a cylinder shaped RBA and may have a logo. The Russian is basically the same but has it's name along the bottom. The key thing to remember when evaluating a device is, is there anything distinct about the device and does it carry over to the copied device. Now just being a cylinder shape does not justify something being a clone, it has to be something more specific.
Even though the Russian copied the design, it's a cylinder and that's not enough to make it a counterfeit, otherwise the first tank to be a cylinder would be the original and everything else after would be a counterfeit. Of course this is just not reasonable. The fact that the air flow control was added to the Russian, this set it apart from the Kayfun, thus making it a clone and not a counterfeit.
Now to make it more confusing, now the Kayfun has air flow control, does it make it a counterfeit of the Russian? This is that gray area where I can understand the confusion. Technically yes, it does make it a counterfeit but since Kayfun had the original design from the start and was only updating the function, we've chose to allow both to continue.
Ok test time:
A
B
These are not from the same manufacturer.
Is this a situation of their being a clone or a counterfeit?
Which is the counterfeit/clone, A or B?
Tank B is the counterfeit and as you can see, it's nearly impossible to see the difference.
I know not all are this cut and dry but if you remember this, you should be fine.
Do not post:
Has the same or very similar logo.
Has the same grooving, etching, cutouts, lettering, serial location, unique shape, or unique coloring.
Is it an obvious attempt to look like the original?
The rules should describe this fairly well:
[*]Counterfeit products will not be allowed to be sold on ECF, no matter if the item is described as such or not (see definitions below). Items being sold should never be misrepresented, for example listing a counterfeit product as the authentic product. Members found knowingly misrepresenting a cloned device as authentic
WILL lose their Verified Member status and may risk being banned from ECF. Ads found listing a counterfeit product will be closed and member advised of violation.
Unacceptable
Counterfeit - Counterfeits will basically be an exact replica of the original and not so much tied to the shape as it is more the markings. The shape would come into play if there are unique characteristics of the device. This can include grooves, cutouts, coloring, or trademarks in specific locations.
Acceptable
Clone - Can be similar in size, shape, and even design but will not contain the same markings or colors. As long as the device can be distinguished as different from the original, not just by the word clone, it will be considered a clone. Just by declaring a device a clone in it's title or description will not necessarily make it a clone. The clone device should be absent of all characteristics contained in the original, grooves, cutouts, coloring, or trademarks.
