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Legal Clarification


larry459714

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I have been reading over all the posts about selling name brand items on the internet that have been obtained legally by other measures. Some say it can be done with the right disclaimer others say possible copyright issues with brand name or use of logo.

 

I have gone round and round with this on other sites so thought I would see what I come up with here.

 

I have a Rolex... I know I know not the Rolex watch again lol. Yes again!

 

Anyway, it was gifted to me by my father who was a retired navy flight mechanic on board an aircraft carrier. During his commission he traveled extensively accumulating many items from just about every port in the world. During one of those portside visits he purchased a Rolex. He has passed away and it was passed down to me. A very beautiful looking timepiece but fake come to find out.

I took it to a professional where he examined it and determined that the watch is not authentic. "A grade A duplicate." he said.

My question is why can I not sell this watch online as a duplicate, fake or not authentic Rolex without the possibility of trouble?

I am not trying to sell it as a real Rolex. It is really a beautiful watch and the appraiser said that the only thing making it not an authentic Rolex is there is no serial number. Other than that he would have thought it was real.

Anyway what are your thoughts on the resale of a Rolex if I am not trying to mislead the buyer in anyway?

 

Thanks

 

larry

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@@larry459714

 

one would think that if you mentioned clearly that this is a "similar/resembling/in the style of Rolex", you should be allowed to sell it with no problem, providing the price reflected the fact that it's not a real Rolex, however, it's not so simple.....I've seen online sellers get into trouble even for listing famous brand objects that were clearly described as NOT being the genuines but just "similar to".

 

The problem is that if this watch bears the name "Rolex" which I guess it does, it will be seen as a fake, therefore an illegal watch, regardless of how you describe it, for the simple fact that it bears that name when it doesn't have the right to.

 

Another thing to consider: I don't know what the law is in other countries, but here in Switzerland you will get into trouble even for buying fakes, not just for selling them, so for example if I buy a fake from abroad and customs get hold of the package, first off they will not deliver the package, then they will destroy it, and I will get a hefty fine for "importing illegal goods" whilst the seller will get reported for "distributing illegal goods".

 

Last but not least....there are various types of fakes, from the worst to the most sophisticated that even an official dealer of that brand will have difficulty spotting......and interestingly enough, there was a big upheaval a few years back in Switzerland regarding fakes with news that were all over the major papers and TV: it appears that big famous brands (such as Rolex for example) have been known to themselves produce "grade A sophisticated fakes", because there is such a demand from rich clients, why? because they are scared of wearing their priceless watch so they keep it in a safe and wear a "sophisticated fake" instead, produced by the brand itself. Naturally, when questioned about this issue, the famous brands denied.

I don't know how much of that news is true, or if it was just a journalistic invention, but food for thought nonetheless.....

 

My advice is don't sell this watch, you might get into serious trouble, especially if you sell it abroad as it will pass customs inspection.....it was your father's, why just not keep it?

~ Don't mistake my kindness for weakness ~

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It depends on the laws of where you are and where the buyer is. As a personal sale of a used good, I doubt it would come under laws governing fake goods, so long as you emphasize that it's a "near-perfect look-alike". It's up to you whether you want to keep this memento of your father.

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The selling method and what you say about your product, if you describe it as an original, an imitation or whatever, is just the one part of the story

 

Other part is that you are selling a fake product that imitates a famous and protected brand any gain value just because of this, its a "Rolex" not a "Polex"

 

Doesn't matter how you describe it, you are still selling a fake imitation and I don't think this is considered as legal

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Hi Larry,

 

I would think another point would be that you would be running the risk of losing your payment provider especially if it is paypal just takes one report and your account may be suspended considering the fact that there are a lot of legal firms that actually troll the web looking for violations , they make their money from copy right violations.

 

Having lived in Thailand for a few years these items are abundant and yes there are really very sophisticated variations the cheaper starting at £30 the better can be 150 ++.

 

All in all I would not consider selling this on the web better going down to the pub o:) .

 

Regards

 

Joli

To improve is to change; to be perfect is to change often.

 

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  • 3 weeks later...

Other part is that you are selling a fake product that imitates a famous and protected brand any gain value just because of this, its a "Rolex" not a "Polex"

 

That gives me an idea... have your jeweler open up the case (expose the face), and take a fine grinder to alter the "Rolex" to "Polex" or "Rulex". Or, some paint to change it to "Rølex" or "Rölex" :) The only problem is that would probably cost more (to do it right) than you would get selling the watch. It might be easiest just to keep it has a family heirloom, or (better yet) sell it at the local pawn shop.

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