This thread was started by Wrenneire with the iteration of intended prosecution by MM of the buyer of a stolen MM locomotive. I haven’t seen anything on Murphy Models website warning of stolen or fake locomotives so their existence at this point and any potential prosecution is hearsay and no more. The onus would be on MM to prove the person is in receipt of stolen property in every single case, not on the purchaser. In consideration that the manufacturer would have had to take reasonable steps to secure it own moulds and products and warn of any failings in that regard, and not provided a serial number or any means where a non-expert customer could reasonably identify a fake or stolen product, that can be purchased by distance selling, a successful prosecution is not going to happen. Anyone with a background in law or law enforcement would be aware that concealment is an exception to Caveat Emptor.
Other than official distributors , these products can be purchased and resold at the retail and private level. I’m wondering now if Murphy models were to pursue what has been threatened (in hearsay) whether they might also deny a warranty claim, not only that but prosecute the customer instead. The MM website does not state what is required for warranty not even a receipt. Except for the USA, it does not list any official distributors, but stockists (which still includes Hattons).
Should we even purchase these locos for fear of prosecution or warranty denial or both? While any potential theft of the locos is reprehensible, I’m not sure that threatening your client base with either is a wise business strategy but we will see what happens in an official statement when and if that comes I guess.