Quote:
Originally Posted by jonathanwittlaw
Seems confusing but there are plenty of lawsuits out there that explain why its considered counterfeit when you sell a Rolex that has a custom part or is altered or modified with non-genuine parts. For example, in the lawsuit against Melrose Jewelers, Rolex sued them for Trademark infringement and won an $8.5 million judgment and shut them down.
Read it here. https://law.justia.com/cases/federal...00/538474/105/
extract:
"Melrose offers for sale and sells, among other items, altered Rolex watches that bear one or more of the Rolex Registered Trademarks. Melrose s altered Rolex watches contain one or more non-genuine components (i.e. components not manufactured by Rolex, including, for example, non-genuine bezels, bracelets, and/or dials.. Melrose s altered Rolex watches have non-genuine bracelets that bear counterfeit copies of Rolex s CROWN DESIGN ( and/or ROLEX marks."
A Rolex with a non-genuine or altered part is considered ( the watch ) counterfeit - it is a fake. Even if its been disclosed. |
I read the civil case you cited and it says:
“Melrose’s altered Rolex watches have non-genuine bracelets that
bear counterfeit copies of Rolex’s CROWN DESIGN ( ) and/or ROLEX marks.
12. Melrose’s altered Rolex watches include refinished dials (some with diamonds added) from which one or more of Rolex’s Registered Trademarks have been removed and reapplied.
13. Melrose’s altered Rolex watches include non-genuine bezels (some with diamonds added). The bezel of the watch is designed to create a sealed pressure-proof environment for the watch movement. If the bezel is not of the precise measurement and does not fit properly, outside elements such as water, moisture, and dust can penetrate the watch case and damage the movement. Rolex examined altered Rolex watches purchased from Melrose and determined that the non-genuine bezels on the watches had insufficient fittings and did not protect against the penetration of moisture into the watch movement.
14. Melrose’s unauthorized use of marks identical to or substantially indistinguishable from one or more of the Rolex Registered Trademarks on altered Rolex watches and in connection with the marketing and sale of altered Rolex watches is likely to cause confusion, mistake, or deception among consumers and the public. Such unauthorized use is likely to cause consumers and the public to mistakenly believe that Melrose’s altered Rolex watches are genuine Rolex watches or are authorized, sponsored, or approved by Rolex, when, in fact, they are not.”
The distinction here was that buyers thought they were buying a Rolex product when in fact they were not. If I paint my explorer with red hobby paint there is no law that forbids me from doing that with my own property. Rolex may decline to service it and if I resell it as a factory original I would have committed the same violation as Melrose. Otherwise I can sell it as a personally hobby painted watch and they would never have a case