So You Want To Sew On A Label On Your New Cushion? Not So Fast!
You just had your fancy new interior done for your 100 pt show boat and you want to go the extra mile and sew on a remade label on your remade cushion like the original ones? Well, you may want to check with your attorney first. Yup, hey don’t yell at me. Just the possible messenger. We had this conversation with Seth at Katzs Marina a bit ago who is obsessed with being original as we are. .
Here is the thought. That label, like the ones on your new mattress and so on that we all laugh at that say DO NOT REMOVE, is allowed to be there because it passed some legal standards. And the item that the tag is on is registered as such. So in a sense, when you remake a label like this for your cushion, you are in a sense making a counterfeit label. It is no different than making a 1948 $100 bill to use as gas money on your boat.
Okay, lets take this thought all the way to court. I am pretty sure the coast guard guys who are going over your boat are not going to call out the label. BUT. Lets say your boat sinks. Or someone else sinks and you toss them your REMADE cushion, and lets say that it has a remade label on it, and lets say it fails. Or anything goes wrong. Its within reason that the person that was tossed the REMADE cushion could come back at you and say, hey, you lied about this cushion.
Here is another scary thought on a related product, 6 volt Bilge pumps. The O rings on those are old and need replacing. You make an aftermarket O ring, and it fails. Is that remade O ring liable? Now we are not attorneys here, I am sure one of you is, and can comment here. But, it is a topic to consider. Just don’t tell me that original Zippers are an issue.
YOU CAN SEE THE TIME CAPSULE ORIGINAL RIVIERA FROM FREEDOM BOAT SERVICE HERE!
There is no requirement that your seat cushions also double as a throwable device. If you are going to actually use the boat I would have new life jackets, throwables, fire extinguishers etc. onboard and save the vintage stuff and modern (non-factory) reproductions for display.
As for fake labels, I would categorize those as more of an OCD than illegal, but if you put something like Coast Guard approved on there when it is not true, I could see the potential for a problem. Here is the perfect spot for some WoodyBoater speelling. The Coat Guard is not as likely to be upset about being misquoted on your label.
We’ve just had a successful A&C Boatshow, however I am still hesitant to advertise “free rides” for the reason you bring up here. As its usually one or two guys who give up their time to organize this show, they are easily identified as the “organiser” and as such maybe in the firing line should the worst happen.
Boat owners don’t like signing legal documents and yes, skippers are responsible for what happens on their vessel, but how are the shows in the US able to do this?
I’m sure you use you turn signal every time you make a turn too right?
Or get a US Coast Gaurd safety check at the beginning of every season… right?
Those labels go………I’m the consumer so I remove them. The seller can’t remove it, but I can.
As long as the judges adhere to “like factory fresh” guideline, u best have your labels on. To live life afraid of legal liabilities and attorneys is not to live life.
Too much to worry about. We have become a litigious society. If you come across a drowning lawyer, throw him the anchor.
Good grief it’s like worrying that someone might get a splinter in their butt from your NOS toilet seat. Just go out and have fun, and I’m from NY the most litigious place in the known and unknown universe.
Would “Good Samaritan” laws apply here? Throwing any bouyant device to someone in an emergency situation, I think, would apply. However, selling a boat with 1940s fire-suppressant, and bouyant cushion technology would fall outside the law if one represents the items as meeting current USCG/Fed. requirements. As far as originality, fine, but make sure all safety items meet current approvals and are readily available once the craft is underway. Not an attorney spokesperson, CQ
Now to be fair to Lawyers. They are the ones that would fight this for you as well. Counterfeit is counterfeit. Its an interesting thing. It is the difference between original NOS and aftermarket stuff. I am not saying anything bad about aftermarket stuff. When it comes to saftey though, I am sure there is some sort of standards that must be aproved and have legal ramifications
No one is counting their cushions to take the place of the number of required life jackets per requirements. If you are worried about counterfeit tags (insert eye-roll emoji here) leave out any legally binding language from the tag. The point of sewing the tags on is to look correct, even if it just says “Chris-Craft Corporation” at least you tried.
The quick fix in a bad unfolding situation…..just don’t throw a cushion to anyone not wearing a life vest who is in the water. Jeez, that was too easy.
I’m not sure but if the “act of congress” and other language on the label has been made obsolete or has otherwise been superseded by current regulations then this is all been rendered moot.
I know the ACBS deducts points for not having the tags on a new interior no matter how original it may look. Saw it happen in Racine