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Author Topic:   legal advice
Burnboy

Elite Bodybuilder

Posts: 1225
From:
Registered: Jul 2000

posted March 01, 2001 07:26 PM

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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?

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http://pub33.ezboard.com/bburnboy

"I used to be a diabetic 'till i kicked it."
-Jerri Blank responding to the bruises on her arm

"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."
-Jerri Blank


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The Canadian Oak

Elite Bodybuilder

Posts: 1286
From:In a Van down by the River
Registered: Jul 2000

posted March 01, 2001 07:32 PM

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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

------------------
Many things in life will catch your eye, but few will catch your
heart. Pursue those

"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


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Slopain

Guru

Posts: 5483
From:Yo Aunties Pad
Registered: Jan 2000

posted March 01, 2001 07:48 PM

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so the rolex is fake? have you sold any before on ebay?

------------------
- If you want 1 year of prosperity, grow grain. If you want 10 years of prosperity, grow trees. If you want 100 years of prosperity, grow people. -

For a good time click here: Search and Profiles (300Kleens Board)
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Burnboy

Elite Bodybuilder

Posts: 1225
From:
Registered: Jul 2000

posted March 01, 2001 07:52 PM

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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

------------------
http://pub33.ezboard.com/bburnboy

"I used to be a diabetic 'till i kicked it."
-Jerri Blank responding to the bruises on her arm

"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."
-Jerri Blank


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Slopain

Guru

Posts: 5483
From:Yo Aunties Pad
Registered: Jan 2000

posted March 01, 2001 07:56 PM

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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.

------------------
- If you want 1 year of prosperity, grow grain. If you want 10 years of prosperity, grow trees. If you want 100 years of prosperity, grow people. -

For a good time click here: Search and Profiles (300Kleens Board)
Another fine board: Anabolic Fitness


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2Thick

Moderator

Posts: 7039
From:Me, To You
Registered: Nov 1999

posted March 01, 2001 08:04 PM

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Tell them that if they do not stop harassing you then you will have your attorney contact them.


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Burnboy

Elite Bodybuilder

Posts: 1225
From:
Registered: Jul 2000

posted March 01, 2001 08:13 PM

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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
of the Rolex Trademarks presently in your possession or control;

2. a representation that any merchandise bearing marks
substantially
indistinguishable or identical to the Rolex Trademarks has been withdrawn
from sale;

3. the identity of your supplier for the counterfeit Rolex watches;

4. the number of counterfeit Rolex watches you purchased, the
amount
you sold, and the price for which you purchased and sold these items; and,

5. within 10 days of receipt of this letter you will provide us
with
all the requested information in a letter addressed to the undersigned at

We strongly urge you not to contact the supplier of the counterfeit merchandise
or to take any other action which would interfere with our client's ability to
eliminate counterfeit merchandise from the marketplace and will hold you
responsible for your complicity in any such actions to the maximum extent
provided
by law.

Unless our office receives the requested confirmation letter, we may commence
an action against you for trademark counterfeiting, trademark infringement and
unfair competition, seeking both preliminary and permanent injunctive relief,
and an award of treble damages for willful infringement, counsel fees and costs.

------------------
http://pub33.ezboard.com/bburnboy

"I used to be a diabetic 'till i kicked it."
-Jerri Blank responding to the bruises on her arm

"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."
-Jerri Blank


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2Thick

Moderator

Posts: 7039
From:Me, To You
Registered: Nov 1999

posted March 01, 2001 08:17 PM

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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.


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Burnboy

Elite Bodybuilder

Posts: 1225
From:
Registered: Jul 2000

posted March 01, 2001 08:18 PM

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should i email them back and say i destroyed the watch and have no others?

------------------
http://pub33.ezboard.com/bburnboy

"I used to be a diabetic 'till i kicked it."
-Jerri Blank responding to the bruises on her arm

"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."
-Jerri Blank


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2Thick

Moderator

Posts: 7039
From:Me, To You
Registered: Nov 1999

posted March 01, 2001 08:20 PM

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No, that would be admitting guilt.


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Slopain

Guru

Posts: 5483
From:Yo Aunties Pad
Registered: Jan 2000

posted March 01, 2001 08:23 PM

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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.

------------------
- If you want 1 year of prosperity, grow grain. If you want 10 years of prosperity, grow trees. If you want 100 years of prosperity, grow people. -

For a good time click here: Search and Profiles (300Kleens Board)
Another fine board: Anabolic Fitness


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23 Gauge

Cool Novice

Posts: 49
From:AZ
Registered: Feb 2001

posted March 01, 2001 08:28 PM

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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.

------------------
23 Gauge


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Burnboy

Elite Bodybuilder

Posts: 1225
From:
Registered: Jul 2000

posted March 01, 2001 08:31 PM

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if i told them i sold it it would be tellingthem i sold a counterfit.

------------------
http://pub33.ezboard.com/bburnboy

"I used to be a diabetic 'till i kicked it."
-Jerri Blank responding to the bruises on her arm

"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."
-Jerri Blank


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Rex

Pro Bodybuilder

Posts: 558
From:Philly, PA, USA
Registered: Dec 2000

posted March 01, 2001 08:55 PM

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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.

------------------
-Wuuuu.
-Plan for the worst; Pray for the best.


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TxCollegeguy

Elite Bodybuilder

Posts: 1092
From:
Registered: Jan 2000

posted March 01, 2001 09:12 PM

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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?


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Burnboy

Elite Bodybuilder

Posts: 1225
From:
Registered: Jul 2000

posted March 01, 2001 09:40 PM

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yes it says rolex

------------------
http://pub33.ezboard.com/bburnboy

"I used to be a diabetic 'till i kicked it."
-Jerri Blank responding to the bruises on her arm

"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."
-Jerri Blank


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Burning_Inside

Amateur Bodybuilder

Posts: 118
From:
Registered: Jan 2001

posted March 01, 2001 09:50 PM

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What are they, fucking idiots? How the hell can they prove that it's a fake?!?! Dumb fucks. God I'm pissy tonight.


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HumanShell

Cool Novice

Posts: 13
From:Texas
Registered: Feb 2001

posted March 01, 2001 10:04 PM

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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.


HS


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CrazyThug

Amateur Bodybuilder

Posts: 247
From:on da streets slangin thangs (da 30349)
Registered: Feb 2001

posted March 02, 2001 05:01 AM

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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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