AJHeathcounterfeiting

Counterfeiting by AJ Heath

UPDATE 22 November 2010

Email received from a US wargamer

On October 5th of last month, Tony Heath purchased a large toy soldier collection. With that army, he also purchased two special and rare models, referred to as "knight titans" He purchased them 2nd hand from me. They were partially assembled, and had some modification. For example, I smoothed out one of their heads in the facemask, so they looked more like an older helmet.

Tony Heath then went on to complain that he hadn't received my package from me. He eventually filed a paypal claim and attempted to defraud me of the 650 gb pounds/ $1000 the he paid for my army and the titans. Luckily, I had kept the customs declaration form and proof of postage. Also, the US Postal Service and UK Royal Mail had delivery confirmation of his package to him. Paypal ruled in my favor, and dropped his claim, just a few days ago. I also have complete proof that he DID receive my package and was attempting to defraud me with paypal by claiming he didn't receive it. I can supply that information as needed to the police.

I recently went back to look him up on DakkaDakka.com. I was shocked to see that he has Knight Titans that he is passing off as his own design, and casting them for sale. When one examines the pictures in his gallery and online advertisements, it very clear that these are recasts of the models he purchased from me. First, the resin color is different than the originals. The originals were a grey hue, while his are opaque, milky white. Different resins.

Second, the recasts show all of the same modifications that I had done to my original models. I did some minor sculpting to modify my original, smoothing out one of the heads and the mask it wore. I also added laurels, scrolls, and other details. These elements are now integral parts of the recast models he is attempting to sell.

the Editor

reports receiving several copies of the following email:

Hello

My name is clive jones and i am a solicitor working on behalf of my client Mr T Heath it has been brought to my attention that this forum has been discussing Mr heaths current state of affairs and spreading more unfounded and unproven romours the like of wich i have been working agains in my role as legal representative

However what allarms me and my client more is the fact that my aclients full name and contact details have been publicly displayed on an unsecure message for all to see and this completly undermines my efforts and indeed slows the legal process down as all evidence collected to help clear my clients name has to be cross referenced to ensure that nop contamination has occured not to mention it breaks countless laws data protection laws

It is with this said that i ask that the threads including this information be deleted and destroyed and indeed any further threads that may arrise be blocked at this time no further action will be taken against this site or any owners therein but if this situation is not resolved in the very near future i will be forced to take legal action against the site and any assosiated owner/members

I trust that you can understand the seriousness of this matter and can take the appropriate action if you need to contact me further please do you have my email above buy to clarify it is as follows ciril.jones@yahoo.co.uk practasing solicitor of law

many thanks

C Jones

clive jones

http://theminiaturespage.com/news/780025/

AKA heathscenery

AKA SBUcasting

AKA H

AKA 2010SBUcasting

AKA 20mmmodernman

AKA Simone

AKA Gamesroomclearout2010

AKA Lizheath2010

Also trading as gamersroomclearout2010 on DakkaDakka

For the purposes of this document we will refer to him as "Tony".

Tony has come to the attention of various manufacturers ( Peter Pig, Forgeworld, Foundations of War and 616 designs amongst others). Each of these manufacturers has had products counterfeited by Tony. Tony has sold multiples of many items through his various EBay personas.

Tony’s poor quality of production means that not only are the IP owners deprived of income but that customers receive a product far inferior to the original intention.

Tony has denied all of the above charges. His story does however change from "I know nothing" to "It was a mistake" to "I blame the following EBay sellers for supplying me".

Detail of the above consists of Tony stating that the SBUcasting tag was accidently enclosed, then the SBUcasting tag was enclosed as a favour to his supplier in return for a better rate from that supplier to all counterfeited goods are from the named suppliers.

Upon investigation with the named suppliers a whole raft of notes appear about Tony ordering goods, claiming they did not arrive and then claiming the money back through paypal. A win/win for Tony. One supplier sold Tony metal figures just like those Tony sells as WW2 dead markers 28mm. The seller offered to repeat the order so that Tony would get the figures he obviously wanted. Tony stated that he wanted a full refund instead. One of the EBay sellers Tony accuses of selling him counterfeit goods has only sent Tony one order which Tony claimed to have never received and thus demanded a paypal refund. Another product not received by Tony is a very large boxed game.

Tony is very aggressive when challenged. When Julie Goddard (Peter Pig employee) denounced Tony’s wares as counterfeit Tony immediately retorted on EBay that Julie is a scammer and has many EBay accounts in order to "con folk". Both of these claims are of course lies and testify to Tony being an aggressive liar. It also shows Tony to be conciliatory when caught out but aggressive when given the opportunity

Tony’s defence has been of a "look over there" type. Thus he has made much about his spoiled birthday holiday (but then why shouldn’t criminals be upset?), his wish to do his humble best to help others, his being set up by others EBay sellers, Julie carrying out scams against him even his dyslexia.

Legal Notice
This document will be sent to Tony and is a CEASE AND DESIST instruction. This means that Tony is required to stop any counterfeiting of Peter Pig products (and other companies too please). In addition we require that Tony does not engage in counterfeiting Peter Pig products (and any other companies too please) in the future.

As of November 15th we know that he has taken no notice of this.

I suspect Tony is a man of straw but we are able to pursue this matter.

Further thoughts.

·1 It is obscene that Tony offers multiples of items at discounts.
·2 It is wrong that Tony states that resin items cannot be copyrighted.
·3 It is wrong of Tony to be so rude and aggressive to anyone who gives justified negative feedback.
·4 It is wrong of Tony to fabricate facts about Julie.
·5 It is wrong for Tony to try to damage the reputations of other good EBay sellers by naming them as counterfeiters.
·6 It is wrong for Tony to pick on small firms such as the two named base manufacturers, copy their items and be brazen about his right to do so.
·7 It is wrong for Tony to use multiple identities in order to bypass EBay selling regulations.
·8 It is wrong for Tony to offer to make models knowing that he will have to steal other people’s copyright in order to do so.
·9 It is wrong for Tony to make him self out as hurt when he is depriving others of their rightful income.
·10 Has Tony made declaration to HMRC about his manufacturing income?

I am not convinced that Tony will cease his counterfeiting but wish to put down the mark now that I will always work to prevent any counterfeiting, dishonesty and theft that hurts any Wargames company or individual whether they be a big or small concern.

I suggest that Tony shuts up shop and finds better things to do with his 15 years of modelling experience. Maybe one day he will have some actual masters of tanks, GW parts, bases and 28mm figures to show people. If this became true, then good luck to him in joining the busy band of modellers and sculptors contributing to the hobby.

Attached is a pdf of various facts and evidence concerning Tony. Many of the links have been obscured by Tony through closing accounts and "privating EBay feedbacks".

Martin Goddard 31^st May 2010

Package and contents as sent by Tony

Peter Pig master on the left. Tony’s creations on the right!