Homage, Clomage, Replica, and Franken... Thoughts?

I read a post about an homage this morning and thought I would open this can of worms: I want to know how the community reacts to the 4 types of unoriginal watches, which I will define for you. I will preface that I feel "homage" is a loaded term, because it is overused in an overly broad manner. Technically, almost every watch pulls inspiration from somewhere, and you can only arrange basic shapes in so many ways on a clock face. So for the purposes of this exercise I will narrow as follows:

1) Homage: a true homage is a watch that draws direct design aspects from one or more watches, but incorporates them into a consequentially different design. The bar for this is any watch that clearly borrows from another watch, but is instantly recognizable as not that watch. 

Examples: Dan Henry 1964, Phoibos Wavemaster, Aquacy 1769, Casio Duro

2) Clomage: This isn't really an official term, and usually gets lobbed in with homage, but I think it is a distinctively different kind of watch. These are watches that are specifically designed to be as close to a 1:1 replica of another watch, save for branding. Unlike an homage, which borrows other design elements to make something new, a clomage is just a clone, with a different logo.

Examples: Any higher end AliExpress watch like Pagani or San Martin, Invicta Pro Diver, any Alpha, Steinhart Ocean One, any Gevril, Sinn 903ST (although Sinn did acquire the rights to the Brietling Navitimer design, so that doesn't really count)

3) Replica: Often called a fake, knockoff, or counterfeit. I specifically use the term Replica, because that is what it is from a legal and intentional standpoint: an unlicensed, and there for illegal, replica subject to copyright violation, and civil liability. I hate the term counterfeit, because that term, from both a legal and linguistic context, requires intent to defraud, and I am aware of no factory or distributor intentionally passing off replica's as genuine, or charging as such. Every criminal fraud case I am aware of exists solely on the secondhand market. I make this distinction because, emotional response to fear of buying a fake aside, I find the reality is that the only real difference between a replica and a clomage is just the logo, yet the reactions between the two vary much more wildly, so I want to see what opinions between the two are, and the justifications for those opinions. NOTE: I am not, in any way, promoting any illegal activity or suggesting anyone buy an illegal replica. This is for conversational purposes only.

4) Franken: Sometimes referred to as "modded." This is a category of watch that is a mix of either factory parts from different watches (same or different brand), or a mix of factory and legal replica/homage/clomage parts. 

Example: Can range anywhere from replacing a damaged 3135 movement in a Rolex Submariner with the newer 3235 (which has yet to be in any sub) all the way to using an Invicta Pro Diver case, and putting in a genuine Rolex Dial backed by some ETA movement.

I am curious to see the reaction to these 4 watch types specifically, and not any perceived dubious intent behind them. No one thinks it is ok to pass off a replica or a franken as a genuine watch, and charge as such; that isn't what I am asking. I am asking the thoughts on merely the existence of, and potential desire to own/create such a watch, in place of the genuine article.

Reply
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1&2 OK

3- not OK

4 -Whatever floats your boat but I'll never buy somebody elses experiment.

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What @foghorn said. 

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foghorn

1&2 OK

3- not OK

4 -Whatever floats your boat but I'll never buy somebody elses experiment.

Exactly

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I'd agree with @foghorn , however I feel that the word "counterfeit" fits precisely for the third category. If someone is making a watch with the logo/branding of another brand, that is a counterfeit - pure and simple. 

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Some fantastic pieces fall into 1 & 2. Where would you put the Smiths Everest for example. That offers so much watch for the money. 

3 is a no go and as has already been mentioned just another term for counterfeit. 

4 if somewant wants to pull watches apart and make something new I've no problems with that. Who hasn't got or had a modded seiko at point. 

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tempus

I'd agree with @foghorn , however I feel that the word "counterfeit" fits precisely for the third category. If someone is making a watch with the logo/branding of another brand, that is a counterfeit - pure and simple. 

That is not actually what counterfeit means:

Counterfeit : made in exact imitation of something valuable or important with the intention to deceive or defraud.

This was actually one of the reasons I made this post. It was actually primarily to discuss homage vs clomage, but I also find this point fascinating as well. By definition, replicating something, even something that is trademarked, is not intrinsically counterfeit. It is simply trademark violation or copyright infringement, with civil liability for any ill gotten proceeds. It is only counterfeit if the intent to defraud exists (pass it off as genuine, for profit).

I know that may sound like a grammar police issue, but the difference between trademark violation and actual fraud is monumental, so I think it matters. 

Now while I am fully against copying in general, I have to admit, I honestly do not see such a great divide between copying a logo vs copying everything but the logo. Whether you are selling a San Martin, or a Frolex, assuming you are not trying to defraud your customer, you still copied a design and are selling, and profiting from, a watch designed by Rolex. I honestly fail to see much difference, ethically speaking. 

Basically, while I understand and agree with people who are viscerally opposed to 3, watches that copy logos, I cannot really understand how people can simultaneously be completely fine with 2, which are still copying the other 99% of the watch. The reactional divide between these two seems irrationally wide, and I wonder why more criticism is not levied on clomages.