Threatening letter

[Salbull]

I also got a letter from Gibney,Anthony, and Flaherty. I am in the same situation with a fake Rolex. Same story as the others, took the auction down from eBay, didn’t sell, didn’t make a dime off of it. My question is, what ever happened to all the other people that went through this? I see questions from years ago, but no updates. Just wondering. I will be talking to my attorney on Monday and just wanted to get as much information as I can. Thanks

 

[quincy]

I also got a letter from Gibney,Anthony, and Flaherty. I am in the same situation with a fake Rolex. Same story as the others, took the auction down from eBay, didn’t sell, didn’t make a dime off of it. My question is, what ever happened to all the other people that went through this? I see questions from years ago, but no updates. Just wondering. I will be talking to my attorney on Monday and just wanted to get as much information as I can. Thanks

What is the name of your state, Salbull?

Most infringement suits settle out of court. This is true for those cases where the firm Gibney, Anthony and Flaherty has represented the trademark holders.

Here for your review is Rolex Watch USA v Madison et al which can give you an idea of what can happen if you ignore the demands made in a C&D and Rolex decides to sue for infringement: https://www.gpo.gov/fdsys/pkg/USCOURTS-mied-2_07-cv-10333/pdf/USCOURTS-mied-2_07-cv-10333-0.pdf

And here is a link to Rolex Watch USA v. Meece: http://caselaw.findlaw.com/us-5th-circuit/1281217.html

If the cease and desist letter you received was over the sale of a single fake Rolex, you might want to consider writing a response to the C&D (preferably with the help of an IP attorney) saying the item in question has been removed and you will from here on out refrain from infringing on the rights of Rolex.

This could work to quell any further action by Rolex.

I would NOT, however, simply ignore the letter in hopes that Gibney, Anthony and Flaherty will disappear. They won't.