offshore Posted October 1, 2009 Report Share Posted October 1, 2009 Here is an interesting aside to this thread. Our Chinese friends have also become very adapt at copying SI and Lithium batteries for quartz watches. Now Maxell have identified a "tell" on the copies of their brand. Currently, I have some 20,000 batteries sitting in customs here, waiting clearance. I was advised yesterday, that the reason for the delay, is an investigation being undertaken as to the authenticity of my consignment! Apparently Maxell have lodged the "tells" with customs; I pity the poor officer who needs to check all 20,000 As they are blister packed, I hope they don't need to check everyone!!!!! Just being facetious there, I'm sure they will random sample them. As mine are from a Maxell agent, I hold no fears for their authenticity, however it does show the levels authorities will go to once an issue is identified. FWIW, apparently the fakes have a more scratched appearance, on the negative contact side, the gens are much smoother and shinier. Apart from that, it requires a voltage, and/or load test, to determine which are copied. O/S Link to comment Share on other sites More sharing options...
plaifender Posted October 1, 2009 Report Share Posted October 1, 2009 Lani has a good point.. but I feel that it has gone astray from Dudemeister's gist. In essence it seems as if there are now 2 distinct conversations: 1. The original conversation of whether or not an Authorised Dealer can confiscate your watches.. 2. The right of Customs Agents to seize contraband/prohibited items that are crossing borders... Customs officials would not be involved in the confiscation of a watch that is already in your possession. Customs agents have the exclusive right to search anything they deem fit so long as it's entering U.S. territory (and i think we all know that.. that's the part of this game that makes us the most nervous).. But once a watch is on your wrist and has PASSED through customs.. there's no way any customs official could ever touch it. Unless it's explicityly obvious that the item could not have been manufactured or produced within the united states and there's evidence that the item was smuggled. In which case, counterfeiting cases are dealt with by the FBI in the U.S. A counterfeit item alone by itself cannot be considered contraband since it is not a 'prohibited' item unless being smuggled... Some counterfeit watches even pass through customs and are taxed as real watches, with their unsuspecting buyers paying full tarrifs for a watch that isn't even real. So the facts still remain.. An authorised dealer cannot (at least legally) simply confiscate a watch you are wearing, but a customs officer certainly can, as long as it's not in your possession and it's crossing the border. (possession does not mean paid for).. Link to comment Share on other sites More sharing options...
jdkno Posted October 2, 2009 Report Share Posted October 2, 2009 So to the original question as to the AD's right to confiscate on sight. In the eyes of the law, no they can not, and if they do technicly that is theft. However as posted many times if you wear your rep into the AD, and if they do take it, are you willing to go the distance to get it back? There is a very good chance that voyage will cost you alot more than you paid for and can pay to replace the rep. To quote Bobby Fuller "I fought the law and the Law won" Even if the legal system agrees with you how much time, energy and money are you going to shell out in the process, so even if you win...you loose. As far as what Border Patrol/Customs can do. They have the ability to sieze it at the point of entry only, once it is in all bets are off. That is not to say that the Customs agents powers do not extend past the POE but once it is in your possesion, by law, they will need difinitive proof that the item in question is 100% counterfiet. They can not see it and have a hunch that it is fake, they have to know which would pretty much mean a letter from "Insert Brand Name" stating that the item was not made by them and is infact a fake. Without taking possesion of the item in question there is no way for them to get this info. The 4th keeps them from being able to take posession of the watch. They ARE able to confiscate at the POE because your rights are not being violated in the process the way they would if they tried to take it off your wrist on a hunch. Most any LEO be it city, state, or federal will admit that there is wayyyy too much paperwork and time involved to go to such lengths over 1 counterfit item. Link to comment Share on other sites More sharing options...
lanikai Posted October 2, 2009 Report Share Posted October 2, 2009 there is only one valid point that we are trying to establish.. Where is Jetmid Link to comment Share on other sites More sharing options...
plaifender Posted October 2, 2009 Report Share Posted October 2, 2009 there is only one valid point that we are trying to establish.. Where is Jetmid the point your referring to wouldn't be " Don't wear your rep(edit) watch in an AD!"... would it? Link to comment Share on other sites More sharing options...
lanikai Posted October 2, 2009 Report Share Posted October 2, 2009 the point your referring to wouldn't be " Don't wear your rep(edit) watch in an AD!"... would it? would Jetmid wear his into an AD ??? no matter what is discussed here.. there are those I'm sure that will ignore the cardinal rule of this hobby.. better them than me.. I say AC Lani Link to comment Share on other sites More sharing options...
plaifender Posted October 2, 2009 Report Share Posted October 2, 2009 i'm going to unbrand all of my reps one by one now.. off with all logos... that would solve everyone's problem Link to comment Share on other sites More sharing options...
TeeJay Posted October 2, 2009 Report Share Posted October 2, 2009 would Jetmid wear his into an AD ??? no matter what is discussed here.. there are those I'm sure that will ignore the cardinal rule of this hobby.. better them than me.. I say AC Lani Link to comment Share on other sites More sharing options...
valerian Posted October 3, 2009 Report Share Posted October 3, 2009 In parts of europe where reps are actually illegal to own (Italy and Switzerland specifically) its common for AD's to confiscate watches, as the owner can't exactly go to the police. Where I live the AD would be on court in theft charges if they tried that. Only the importation of rep's for commercial purposes is illegal here. Hmmm. Just back from a few days holiday and going throught this thread... There's a lot of half wisdom and hear say in there and also (just for me, being legally trained at a Swiss university) too much that sounds like [censored] to me. I focus on the one thing I do know for sure: It is not punishable to own reps in Switzerland. You cannot legally import them and they will be seized by Customs if they get hold of them but even import for personal use is not actionable under Swiss penal law. They will just take it, destroy it and leave you with the financial (and emotional) loss. I have never heard of an AD in Switzerland confiscating anything as even in a strange country like Switzerland you need official authority to enforce copyright laws. You will in contrast get sneered at (rightly so) and maybe thrown out of the shop but I doubt they'd even call the police for it. Too much of a stir which could shy financially potential customers away. Take care. Val. Link to comment Share on other sites More sharing options...
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