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Trade Mark & Counterfeit Rolex watchWhat is the name of your state? California May 30, 2008 email] AND FIRST CLASS MAIL Dhiren CA Re: Rolex Watch U.S.A., Inc. Dear Mr. : This firm is general counsel to Rolex Watch U.S.A., Inc. (“Rolex”), the owners of the federally registered Rolex Trademarks: ROLEX, PRESIDENT, SUBMARINER, YACHT-MASTER, DAYTONA, GMT-MASTER, DATEJUST and (Crown Device) (among others) (the “Rolex Trademarks”). It has come to Rolex’s attention that you are illegally offering for sale and selling merchandise bearing counterfeit copies of the Rolex Trademarks (the “Illegal Merchandise”) on eBay.com. Your actions are likely to cause confusion and constitute trademark counterfeiting and infringement and dilution of Rolex’s intellectual property rights in violation of both federal and state laws. The penalties for such conduct are severe and may include injunctive relief, actual damages, statutory damages of up to $1,000,000 for each trademark that has been counterfeited, costs and attorneys’ fees. On behalf of Rolex, we demand that you immediately cease and desist from any and all offering for sale, sale, distribution, importation, manufacture, advertisement, promotion and display of the Illegal Merchandise. We also demand that you do the following: 1. Surrender all Illegal Merchandise in your possession, custody or control. 2. Provide the identity of the source of the Illegal Merchandise. 3. Make payment to “Rolex Watch U.S.A., Inc.” by bank or certified check, or money order, for all damages and costs incurred by Rolex in connection with your illegal conduct, in the amount of $350USD. We strongly urge you not to contact the supplier of the Illegal Merchandise or to take any other action which would interfere with our client’s ability to eliminate Illegal Merchandise from the marketplace and will hold you responsible for your complicity in any such actions to the maximum extent provided by law. Please be advised that your failure to respond in writing or to comply with these demands before June 6, 2008, may result in Rolex taking legal action to enforce its rights. Please send all information, along with your payment, to the attention of the undersigned to the following address: Gibney, Anthony & Flaherty, LLP 665 Fifth Avenue New York, NY 10022 If you have any questions, please call (212) 705-9805. This letter does not constitute an exhaustive list of Rolex claims or rights, all of which are hereby expressly reserved. We await a response from you or your counsel. Sincerely, Gibney, Anthony & Flaherty, LLP By:_________________________________ John Macaluso I am visitor to this country and not want to involve in any counterfeit problem. Also I receive mail from buyer how will ready to by it, but I know from eBay that this product " listing Removed: Trademark Violation Unauthorized Item". So write him that I know from ebay that it was wrong and illigal I do not want to sell and cheat you by knowledge that this sale is illigal. Now what I have to do. Pl not that due to tourist I have now not such amount to spend more. Also due to need of money I put this Item for sale, as well as i write that buyer this point also. Dhiren Last edited by dc2654; 06-03-2008 at 03:47 PM. |
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