Rolex Trademark Violation

[y2kls1a4]

What is the name of your state (only U.S. law)? Massachusetts

I know this topic has been covered before, but I wanted to start a new thread so as to not bring up a really old one. I just received the famous cease and desist letter from Gibney, Anthony & Flaherty, making the following demands:

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.

I put up a fake Rolex on eBay, which I knew was fake, and didn't try to pass of as real. It was a one time thing, a watch which I had bought from a guy in NYC years earlier. I just had it sitting around and needed a few bucks to pay school bills. I'm not a fake Rolex vendor or anything.

What should I do? If I pay the $350 will they leave me alone or is there still a chance they will come after me for more? Any advice is greatly appreciated, thanks.

 

[FlyingRon]

You are a fake rolex vendor. You're not allowed to sell fake rolexes whether you state they are fake or not. If you comply they will go away.


You have little option but to comply or risk being sued by rolex further.

 

[cyjeff]

I just want to add that Rolex is VERY protective of their brand.

After the slew of fakes that entered the market in the late 80's and early 90's, they have taken trademark violation to new levels.

 

[y2kls1a4]

So if I manage to scrap up the $350 they will go away? I am a CJ student just trying to get by, I don't need a lawsuit on my hands. It's a shame they go after the small guys. I wouldn't have sold another fake whether they threatened me or not.

 

[Zigner]

I wouldn't have sold another fake whether they threatened me or not.

That may be true...but the fact that you've posted here means that your story is spread out and (hopefully) deters others.

 

[Dougthegreat]

I am a CJ student just trying to get by, I don't need a lawsuit on my hands.

You're selling fake watches to get through a CJ degree? Maybe you should go into something more suitable, like advertising.

It's a shame they go after the small guys.

I'll bet if you owned a brand as valuable as theirs, you'd want to protect your legal rights too...

 

[HomeGuru]

What is the name of your state (only U.S. law)? Massachusetts

I know this topic has been covered before, but I wanted to start a new thread so as to not bring up a really old one. I just received the famous cease and desist letter from Gibney, Anthony & Flaherty, making the following demands:

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.

I put up a fake Rolex on eBay, which I knew was fake, and didn't try to pass of as real. It was a one time thing, a watch which I had bought from a guy in NYC years earlier. I just had it sitting around and needed a few bucks to pay school bills. I'm not a fake Rolex vendor or anything.

What should I do? If I pay the $350 will they leave me alone or is there still a chance they will come after me for more? Any advice is greatly appreciated, thanks.

**A: we think you already know what to do.

 

[y2kls1a4]

Can someone please answer my most important question? If I pay them their "damages" will they leave me alone or is it a possibility that I pay them the $350 and they come after me for more?

 

[HomeGuru]

Can someone please answer my most important question? If I pay them their "damages" will they leave me alone or is it a possibility that I pay them the $350 and they come after me for more?

**A: not only can they come after you but the Feds could too ie. US Customs, Homeland Security, IRS etc.

 

[y2kls1a4]

I hope I don't come off as a wiseass, I am just not very familiar with trademark laws and such.

What good would paying the $350 if they may come after me either way?

 

[HomeGuru]

I hope I don't come off as a wiseass, I am just not very familiar with trademark laws and such.

**A: if you are as tudent, I am sure you learned how to do research on the subject. Use an internet search engine or go to www.uspto.gov


What good would paying the $350 if they may come after me either way?

**A: understand that the Feds are not Rolex company and it depends upon the exact language from the attorney's office. Usually in such cases there is a general release which includes hold harmless and indemnification clauses.

 

[vyfxdotcom]

How did you receive the C&D letter? E-mail, telephone, fax, USPS? Don't do anything at all until you receive a written letter on physical paper sent to your address. Make sure the letter, should it arrive, is addressed from an authentic Rolex location. This could be a scammer attempting to threaten you when in reality Rolex has no part in this "C&D" order. Again, it could-- not is.

 

[InsaneJane]

Ask yourself a simple question:
What proof do they actually have that you posted the add and not one of your college buddies pulling a prank on you? Specially if they got a hold of your ebay account?

It actually sounds like an easy prank to pull!
After all it is totally against ebays rules and was surely pulled from ebay along with your account.

 

[FlyingRon]

Buddies pulling a prank will not get auctions pulled off of ebay for VeRO violations. It takes more than just knowing the sellers email address.
Useful as ever InsaneJane.