BIG ROLEX SCAM ON THE BAY

[<RJ> 0]

Amongst all the other scams on the bay this one dont look so big.

[peakpower 0]

So, Anaheim Jewellers can use rep parts in a watch (including a dial that if not gen is a straight out fake) and sell it on eBay but I can't?

 

No, they shouldn't be able to sell any "aftermarket" Rolex parts. Perhaps the Rolex lawyers have taken a holiday. I doubt it. But that is probably why the seller is claiming the dial is an "original" that has been "refinished."

 

I tried to sell a gen Rolex several years ago that had an aftermarket MOP dial that I cleared stated in my auction. A day later, eBay closed my auction at the request of Rolex attorneys through the VERO program. I also received an email from the New York law firm of Gibney, Anthony & Flaherty, LLP that indicated that I was in violation of U.S. trademark laws. I was told to cease and desist all sales with any Rolex reference to a watch with non-Rolex content.

 

"Your actions are likely to cause confusion and constitute trademark counterfeiting and infringement and dilution of Rolex Watches USA Inc. intellectual property rights, which is in violation of both federal and state laws. Penalties for such conduct are severe and may include injunctive relief, actual damages, statutory damages of up to $2,000,000 for each trademark infringement, imprisonment of up to 10 years, all costs, and attorneys' fees. On behalf of Rolex Watches USA Inc. we demand that you immediately CEASE AND DESIST from any offering and all offering for sale, distribution, importation, manufacture, advertisement, promotion, and display of the illegal merchandise. We also demand 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 Watches USA Inc. by bank or certified check or money order for all damages and costs incurred by Rolex Watches USA Inc. in connection with your illegal conduct in the amount of $350.00

 

The letter continued...

 

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 NOVEMBER 30, 2009 may result in Rolex Watches USA Inc. taking legal action to enforce its rights."

 

After consulting an attorney, we fired off a response stating my position and my innocence. Fortunately, we never heard anything from them again. But, I never tried again to list a watch with non-Rolex parts on eBay, either.

[avalosc 0]

So, Anaheim Jewellers can use rep parts in a watch (including a dial that if not gen is a straight out fake) and sell it on eBay but I can't?

 

No, they shouldn't be able to sell any "aftermarket" Rolex parts. Perhaps the Rolex lawyers have taken a holiday. I doubt it. But that is probably why the seller is claiming the dial is an "original" that has been "refinished."

 

I tried to sell a gen Rolex several years ago that had an aftermarket MOP dial that I cleared stated in my auction. A day later, eBay closed my auction at the request of Rolex attorneys through the VERO program. I also received an email from the New York law firm of Gibney, Anthony & Flaherty, LLP that indicated that I was in violation of U.S. trademark laws. I was told to cease and desist all sales with any Rolex reference to a watch with non-Rolex content.

 

"Your actions are likely to cause confusion and constitute trademark counterfeiting and infringement and dilution of Rolex Watches USA Inc. intellectual property rights, which is in violation of both federal and state laws. Penalties for such conduct are severe and may include injunctive relief, actual damages, statutory damages of up to $2,000,000 for each trademark infringement, imprisonment of up to 10 years, all costs, and attorneys' fees. On behalf of Rolex Watches USA Inc. we demand that you immediately CEASE AND DESIST from any offering and all offering for sale, distribution, importation, manufacture, advertisement, promotion, and display of the illegal merchandise. We also demand 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 Watches USA Inc. by bank or certified check or money order for all damages and costs incurred by Rolex Watches USA Inc. in connection with your illegal conduct in the amount of $350.00

 

The letter continued...

 

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 NOVEMBER 30, 2009 may result in Rolex Watches USA Inc. taking legal action to enforce its rights."

 

After consulting an attorney, we fired off a response stating my position and my innocence. Fortunately, we never heard anything from them again. But, I never tried again to list a watch with non-Rolex parts on eBay, either.

 

^ this. This is exactly why I started to feel less sympathy for Rolex and am way more sympathetic to the replica community now than I used to be. Despicable.