Monday, December 11, 2023

Fraud, Deceptive Trade Practices and Counterfeit Certificates

 

When instructors tell the truth, it becomes part of their reputation and part of their past. The truth never changes. Telling lies become part of an instructor too, how flawed their character and moral compass is. Most importantly lies become part of their future. When someone eventually sees these judo frauds for their misrepresentation which is both base and reprehensible. The fake instructor can never earn anything back, he can’t get back the lost respect, he certainly wont get sympathy, so he runs, locks himself inside his own little dojo, complete with security code for access. But, he will never be able to hide. He will never get back any credibility in the martial art community he will be known as a fraud, a liar and a conman one who rips off and victimized his own students. If he is lucky he will only end up being sued. 

It is sad when I see a martial arts instructor, and in this case, I use the term loosely, purposely misrepresent and imply something that just isn’t true. I have been shown a couple of certificates where the wording on the certificate implied that a student’s judo rank was recognized by the kodokan when in actuality it wasn’t. This instructor didn’t have the authority with the kodokan or was even affiliated himself. Unfortunately, it didn’t stop him from misrepresenting himself, his school and his instructor as such. This is fraud, trademark infringement and Deceptive trade practices all of which are all illegal. I would also point out that any certificate stating an affiliation to an organization like the kodokan when it isn’t true is counterfeit and thereby a deceptive trade practice or consumer fraud 

The good news those who have been defrauded can protect themselves and have avenues they can take to get their money back!

In the martial arts realm, when trademark infringement is coupled with foreign language words and complex phrases describing martial art school names, martial art system names, or martial art school/system logos “implying” affiliation with a known organization that there is no affiliation to, then the potential for consumer fraud is very high. Consumer fraud in martial arts may begin with deceptive advertising or verbal misrepresentations in order to attract new prospects to the infringer's business.

The martial arts industry also has its share of questionable certificate issuance practices by martial art schools and martial art instructors who willfully engage in trademark infringement and trademark counterfeiting, and or implied connections to an organization that they have no connection to. They then issue counterfeit certificates to students who think their ranks are in good standing with, say the kodokan in Japan, but in actuality its nothing more than a scam.

Deceptive trade practices is an intentional misrepresentation of fact and/or the omission of fact by a martial art instructor that can set in place fraudulent circumstances for the consumer that may last for years. This includes misrepresentation, false advertising or representation of a good or service. Florida Deceptive and Unfair Trade Practices Act is designed to protect consumers from deceptive or unfair commercial practices. The FDUTPA prohibits companies/businesses from engaging in a broad range of unfair or deceptive acts, such as false advertising, fraud, and misrepresentation.