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Chat & Conversation legal advice
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Author | Topic: legal advice | ||
Elite Bodybuilder Posts: 1225 |
i tried to sell a rolex on ebay, my dad bought it from another country and have no papers for it. ebay deleted the auction and had an attorney mail me asking for the amount of counterfeit rolexes i owned, where i bought them, and the price payed. and if i do not reply in 10 days they make do soemthing else. what should i do? ------------------ "I used to be a diabetic 'till i kicked it." "May all of your showers be golden." - Jerri Blank "I cried when I had no shoes, until I met a man who had no feet. Then I laughed...really hard." | ||
Elite Bodybuilder Posts: 1286 |
id goto a lawyer and ask them what you can do,that would be best,and i mean you didnt commit a crime so u should be fine ------------------ "Fighting for peace is like fucking for virginity." "In the 60's people took acid to make the world weird. Now the world is weird, and people take prozac to make it normal." "Its not when you die its how you live" http://pub33.ezboard.com/bburnboy check this board out its just gettin started | ||
Guru Posts: 5483 |
so the rolex is fake? have you sold any before on ebay? ------------------ For a good time click here: Search and Profiles (300Kleens Board)
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Elite Bodybuilder Posts: 1225 |
no i havent sold ant on their before, it has all the makings of a rolex but i dont have a paper so i can claim ignorance ------------------ "I used to be a diabetic 'till i kicked it." "May all of your showers be golden." - Jerri Blank "I cried when I had no shoes, until I met a man who had no feet. Then I laughed...really hard." | ||
Guru Posts: 5483 |
If you didnt sell it its not a problem, why not tell them you posted the rolex and where going to pick a real one up in a few days to ship out. ------------------ For a good time click here: Search and Profiles (300Kleens Board)
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Moderator Posts: 7039 |
Tell them that if they do not stop harassing you then you will have your attorney contact them. | ||
Elite Bodybuilder Posts: 1225 |
they are saying that owning and trying to sell it is an infringement on the trademark in my auction i stated " there are no papers with this watch so no guarantees" Accordingly, we have been instructed to demand that you immediately cease any and all further distribution and sale of merchandise bearing marks substantially indistinguishable or identical to the Rolex Trademarks, and ask that you voluntarily provide us with the following: 1. all counterfeit Rolex watches and any merchandise bearing any 2. a representation that any merchandise bearing marks 3. the identity of your supplier for the counterfeit Rolex watches; 4. the number of counterfeit Rolex watches you purchased, the 5. within 10 days of receipt of this letter you will provide us We strongly urge you not to contact the supplier of the counterfeit merchandise Unless our office receives the requested confirmation letter, we may commence ------------------ "I used to be a diabetic 'till i kicked it." "May all of your showers be golden." - Jerri Blank "I cried when I had no shoes, until I met a man who had no feet. Then I laughed...really hard." | ||
Moderator Posts: 7039 |
They are trying to scare you. Tell them that if they bother you again you will sue them for harassment. How the Hell to they know 100% that the watch is not real? Tell them to eat shit and die! Also contact an attorney for a consultation. | ||
Elite Bodybuilder Posts: 1225 |
should i email them back and say i destroyed the watch and have no others? ------------------ "I used to be a diabetic 'till i kicked it." "May all of your showers be golden." - Jerri Blank "I cried when I had no shoes, until I met a man who had no feet. Then I laughed...really hard." | ||
Moderator Posts: 7039 |
No, that would be admitting guilt. | ||
Guru Posts: 5483 |
thats fucken dumb - if I had the cash Id sue those fucks for fun - watch them scramble in court, bluff thats what everyone does now. ------------------ For a good time click here: Search and Profiles (300Kleens Board)
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Cool Novice Posts: 49 |
It's probably some guy trying to get some free shit. E-bay has allowed this since they have been up and running. I bought a piece of shit fake Mavado for $60 about two years ago. If not, then tell them you sold it. Then politely tell them to get bent and go about your business. ------------------ | ||
Elite Bodybuilder Posts: 1225 |
if i told them i sold it it would be tellingthem i sold a counterfit. ------------------ "I used to be a diabetic 'till i kicked it." "May all of your showers be golden." - Jerri Blank "I cried when I had no shoes, until I met a man who had no feet. Then I laughed...really hard." | ||
Pro Bodybuilder Posts: 558 |
They have to prove it was a counterfiet if they ever tried to bring it to court. Threaten them with a counter suit if you can and/or want. Good luck. ------------------
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Elite Bodybuilder Posts: 1092 |
well I have been in a little legal lettering seesaw for the past few months...What I would recomend is that you right them back stating you were given the watch as a gift and that that to your knowledge it is not a counterfit. Also Correct them in saying because you are not aware that it is fake that numbers 1-4 are wrong and not truthful to your knowledge. that way you are fulfilling number 5 and ask them to resume your sale because you are selling the watch "As is" there is nothing false about selling a watch as for selling the watch again. try this: Do not claim it is a rolex unless you can prove it. Set up another Auction and Selling a "Watch" and describe it. Do not mention the name "Rolex" and make sure you state "As is" that way even if the pic looks like a Rolex because you are selling it "as is" and are not claiming it to be a rolex you don't technically seem to be selling a Rolex If they tell you your misrepresenting a picture of a rolex watch or misusing the rolex trademark, you can say that you are using a pic of the watch do not think it is a rolex and you do not believe it resembles their trademark and once again you are selling a "Watch" "as is" 1 more thing does the watch say Rolex? | ||
Elite Bodybuilder Posts: 1225 |
yes it says rolex ------------------ "I used to be a diabetic 'till i kicked it." "May all of your showers be golden." - Jerri Blank "I cried when I had no shoes, until I met a man who had no feet. Then I laughed...really hard." | ||
Amateur Bodybuilder Posts: 118 |
What are they, fucking idiots? How the hell can they prove that it's a fake?!?! Dumb fucks. God I'm pissy tonight. | ||
Cool Novice Posts: 13 |
I'm with the others, tell them to shove it, and do what you want with the watch. One thing that I noticed on Ebay... A guy was selling the Star Wars trilogy, and stated that the videos were signed "enter actor name here, here, and here." He then proceeded to show pictures of the videos with the actors names signed on them. This was/is legal because he did not say they were signed by those certain people. Just find it odd, you really have to read the fine print even on poor little auctions.
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Amateur Bodybuilder Posts: 247 |
eBay won't do shit. I used to sell tons of copies of MS Office and they always threatened but never did anything besides delete the listing. I always kept up on who was winning though and after it was deleted we would complete the transaction. eBay (the company) is nothing but idiots. |
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