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Old 19 January 2018, 12:22 AM   #1
Austin in Japan
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Is it illegal to sell these?

I know that it's illegal to sell a fake Rolex on Ebay, and when such knock-offs are flagged they get pulled.

What about these shirts though? They are using the Rolex brand name, and are likely made by the people selling them on Ebay. It doesn't seem all that different than selling a fake watch, just it's a fake T-shirt. Well, it's a real T-shirt, but you know what I mean.

https://www.ebay.com/itm/Rolex-T-Shi...-/263421794095

Any insight into this would be appreciated. Thanks!
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Old 19 January 2018, 01:42 AM   #2
promithius
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Are they made by Rolex? Then no, you can't produce & sell them.
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Old 19 January 2018, 01:51 AM   #3
JZD
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Quote:
Originally Posted by Austin in Japan View Post
I know that it's illegal to sell a fake Rolex on Ebay, and when such knock-offs are flagged they get pulled.

What about these shirts though? They are using the Rolex brand name, and are likely made by the people selling them on Ebay. It doesn't seem all that different than selling a fake watch, just it's a fake T-shirt. Well, it's a real T-shirt, but you know what I mean.

https://www.ebay.com/itm/Rolex-T-Shi...-/263421794095

Any insight into this would be appreciated. Thanks!
Short answer: yes, it is illegal to use the intellectual property of another without first receiving permission from the owner of the intellectual property. And yes you can face civil and criminal penalties for selling fake things, whether it is watches, shoes, handbags, or even T-shirts.

I am not speculating about this particular listing or seller...just stating the law.
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Old 19 January 2018, 01:59 AM   #4
Austin in Japan
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Thanks for the comments. That's interesting. Even more so, because they seem to be getting a pass on ebay.
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Old 19 January 2018, 02:04 AM   #5
fakewatchironman
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Interesting... It is definitely trademark infringement (unless licensed by Rolex) which is both unlawful (civil lawsuit) and illegal (crime), but... It is also a walking billboard advertising Rolex. If Rolex is in the market of selling t-shirts, then they would pursue IP pirates without question. But what about IP pirates who are making a product that increases brand awareness without making a knockoff? Interesting. Rolex did sue a deli in NYC for using the name Rolex in the deli's name. My guess is that Rolex would sue these guys because if they don't protect their intellectual property and let things like this slide, then they may have a tougher time in convincing courts and law enforcement in the future that they have not allowed the trademark to become diluted. It remains a crime and a violation of tort law (Lanham Act), however, but still an interesting subject.
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Old 19 January 2018, 05:29 AM   #6
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There is something quite ironic about a company producing unauthorized t-shirts with another brand's logo watermarking their pictures.
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Old 19 January 2018, 06:03 AM   #7
JZD
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Originally Posted by mastermixer View Post
There is something quite ironic about a company producing unauthorized t-shirts with another brand's logo watermarking their pictures.


Something tells me this seller would not get the irony...and probably could not spell it either. Just a hunch.
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