Rolex Law Suits

[TJGladeRaider]

Since we were discussing this notorious (and in my view extortionate) piece of nasty correspondence people refer to as the "Rolex Letter," where they reportedly threaten to sue you for a million dollars unless you send them $300, I found myself wondering how many people Rolex has actually sued here in the US over the last several years.

I find forty-one (41) lawsuits filed in federal court (searching all circuits) since January 1, 2003.

Civil Name Search Results

41 Total Party matches for selection ROLEX after 01/01/2003 for ALL COURTS

Search Complete

Sun May 21 13:01:55 CDT 2006

Selections 1 through 41 (Page 1)

Don't get the idea that they focused on 41 poor slobs who wanted a Sub they could not afford. I searched their most recent case, and uploaded the Complaint (the Court filing that Rolex uses to tell the Court what the lawsuit is about) so you could read it.

Rolex Case

If that doesn't work for you, the URL is http://www.fraudsandscams.com/Rolex/05-cv-01045-JSM-MAP.pdf

As you can see, Rolex is after the big boys who are in the distribution business. If you look at that list of lawyers (on their side), none of those guys bills at less than $300 an hour.

While Rolex may very well send out scary lettrs, and extort those who fear them into sending them $300, I find it impossible to believe that they are going to sue you for buying watches for yourself. Imagine the publicity nightmare.

If anyone has one of those letters, I'd like to have an original.

Since I am quite sure Rolex monitors this forum, maybe you guys would like to send me one? PM me for name and address.

Thanks,

Bill

[HighDef]

Sshheeeesh, that earle guy has dozens and dozens of rep websites. He is too overexposed that there is no way Polex will not notice. I did not see Blades name or his website in there

[TJGladeRaider]

Sshheeeesh, that earle guy has dozens and dozens of rep websites. He is too overexposed that there is no way Polex will not notice. I did not see Blades name or his website in there

Not to mention that they had been sending him nasty grams for years that he apparently ignored. As a good friend of mine used to say, "If you're gonna be stupid, you gotta be tough."

Some people are too stupid to survive.

Bill

[slay]

i HAVE one of those letters (got it from GAF) told them to go (quote) [censored] themselves. never heared from them again, and hopefully never will

[MAHLER]

I beg to publish one of these letters.

Amount carried over I infuse what I already wrote.

I still add reading one of these letters it is possible to understand if there is a legal leak.

To ex. Rolex has the right to make private investigations it doesn't have the right to ask nothing anybody if first has not been a judge to establish it with a final judgement.

I have not read the letter of the Rolex and it is the first time that I feel speak of it.

However the Rolex enjoys of industrial brevets to guardianship of the rights of monopoly on his creations.

I know that that I say from the legal point of view.

Legally The Rolex can ask damages under a lot of voices :

1) has protected the look of his clocks;

2) has protected the crown;

3) has protected the changes to the movement (even if the movement is not original entirely but derived by others you see the case of the old Daytona);

4) has protected the bracelet;

5) has protected his image;

6) has protected the affiliate retailers;

7) has protected the pieces of exchange (they are not furnished if not to affiliate clockmaking you see cause in progress of the orologias against the Rolex);

Who purchases a false Rolex it produces a damage that him repart according to the voices.

A similar case in Italy has seen contrasted the NOKIA against Chinese importers.

The NOKIA has won.

Another interesting aspect of the Rolex is that it doesn't deal with a society but of a foundation in whose purpose is written note guardianship and protection of the mark.

This because an industrial product has been protected as an object of art.

I believe that there am a big difference among an unique piece and a Rolex.

At least this it is my opinion.

However all we would like to give a glance to this letter to understand.

Even some weak point in the position of the Rolex can be found.

[the collector]

That guy has a few rep sites...

[MAHLER]

I have found this to reopen the discussion.

ANGRY

ANGRY

I bring here the only published letter.

February 9, 2006

Sender Information:

Rolex Watch U.S.A., Inc.

Sent by: [Private]

Gibney, Anthony & Flaherty, LLP

New York, 10022, USA

Recipient Information:

[Private]

[Private]

Sent via: email

Re: Re: Rolex Watch U.S.A., Inc.

Dear [privte]:

This firm is general counsel to Rolex Watch U.S.A., Inc. (“Rolex”), the owners of the federally registered Rolex Trademarks: ROLEX, PRESIDENT, SUBMARINER, YACHT-MASTER, DAYTONA, GMT-MASTER, DATEJUST and Crown Device (among others).

It has recently come to our attention that you are offering for sale and selling merchandise bearing the Rolex Trademarks, or bearing marks substantially indistinguishable thereto, on eBay.com, and that this merchandise is COUNTERFEIT.

Such use is likely to cause confusion and constitutes counterfeiting, trademark infringement and dilution of Rolex’s intellectual property rights in violation of both federal and state laws. As a result of your conduct, you may be held liable for trademark counterfeiting and infringement. The penalties for such conduct are severe and may include injunctive relief, actual damages, statutory damages of up to $1,000,000 for each trademark that has been counterfeited, costs and attorneys’ fees.

On behalf of Rolex, we demand that you immediately cease and desist from any and all offering for sale, sale, distribution, importation, manufacture, advertisement, promotion and display of counterfeit Rolex merchandise. We also demand that you do the following:

1. Surrender all counterfeit Rolex goods in your possession, custody or control.

2. Provide the identity of the source of the counterfeit Rolex goods.

3. Make payment to “Rolex Watch U.S.A., Inc.” by bank or certified check, or money order, for all damages and costs incurred by Rolex in connection with your illegal conduct, in the amount of $300USD.

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.

Please be advised that your failure to respond or to comply with these demands before February 16, 2006 will result in Rolex taking legal action to enforce its rights. Please send all information, along with your payment, to the attention of the undersigned at the above referenced address.

This letter does not constitute an exhaustive list of Rolex claims or rights, all of which are hereby expressly reserved.

We await a response from you or your counsel.

Sincerely,

Gibney, Anthony & Flaherty, LLP

BY:

[private]

Edited May 22, 2006 by MAHLER

[krustybrand]

First thing I'd do if I received one of those is file a complaint against the law firm for extortion.

[Wyvern]

First thing I'd do if I received one of those is file a complaint against the law firm for extortion.

That's what law firms do for a living Krusty

[krustybrand]

That's what law firms do for a living Krusty

Extortionate rates are one thing, out and out criminal extortion is another. This letter is exactly that.

[MAHLER]

This letter shows :

1) the use of the fear which discourage;

2) a weak position from the Rolex (I could ask $1.000.000 I want only $300 of it);

3) the attempt to snatch further information from who will pay $300 (gives personal, admission of guilt).

All are forced to pay only if it is a judge to order to do it.

This is the point.

The rest is propaganda... publicity!!!!

Edited May 23, 2006 by MAHLER

[irolexu]

This is an old topic but I got one of these today...disregard it? Is it a scam?

[janeto72]

Now why exactly did you get one of these today???

[Erict719]

Yea.. Why did u got one today

[fidhle007]

*popcorn*

[Ephry73]

Sounds too much like a scam. Period.

[cc33]

If it wasn't a registered letter I would disregard it.

[fidhle007]

My initial reaction was to think "SCAM!" but after some quick research it seems like the law firm in question may be legit. If you have been selling fake stuff on ebay, claim ignorance and if you haven't, you're golden. I'd still ignore it as it seems like a blanket effort by a scumbag lawfirm to scare up some spare cash but you have to do what you feel is right...

[Ephry73]

My issue with something like this is the request for $300 dollars without a court order, or a previous notice. This is as bad as the Nigerian scam.

[james79]

Ok so I have received two emails and two letters first class. There are no seals on the letters just plain old printing paper with a water mark.

 

The company that is harassing me is Gaf Counsel Gibney & Anthony, a law firm for Rolex.   Last month I had put a (what I thought was a )Rolex up for auction on Ebay.  As a painter I meet a lot of people, this one client of mine that I had for years before he passed away  gave me a box of old watches, one of them being a Rolex branded watch. That's how came about the item.

 

Work has been so slow almost to a complete stop. I decide to finally try to sell some of the stuff I have piled up over the years, I open my first Ebay account a few months ago and start selling some things so I can pay my over due bills.   Everything was going great until I put that watch up...I had over $500.00 in bids the first day, I never stated that the watch was authentic in the auction I just stated that it was a Rolex from my knowledge and took lots of pictures for bidders to see, I also stated the back plate was locked on so tight I could not get it off without scratching the heck out of it, that did not seem to bother people from bidding.  I had an ebayer ask me to go get it authenticated from a watch shop or pawn shop,  which I was going to do anyway seeing that it was getting so many bids. He said if it was authenticated that he would offer me triple of what the bids were as a buy it now.   I was off to get the watch checked out.

 

I found out that the watch was not authentic but a great fake.  I rushed home and immediately contacted the bidder to tell him the bad news, along with everyone else that had bids on the item, one of them told me to remove the item due to it being fake I could get in trouble for selling it. I apologized and canceled  the item.  Most people thanked me for my honesty and were not mad at all. Like I said I canceled  the item and threw  the watch back in the box where it belongs, I thought it was over and done with.   That's when I received an email from the Gaf Counsel  Gibney&Anthony to send the watch along with $350.00 and turn in the people I got the watch from, for selling or dealing with counterfeit merchandise. If I do not comply then I could be sued for up to $2 million dollars.   I called and apologized to them immediately saying I had no idea that I was doing anything wrong and that I had no money to pay them the 350 and that I made no profits what so ever on the watch and I also took the watch off ebay voluntarily. She the lady at the firm did not want to hear any excuses and told me to pay the money and send the watch in or they will take further action. 

 

I have abosolutely no money for this and am so worried.  Can someone please help and give me some advise I don't know how much more of this stress I can take.  Do I just pay them and send the watch in?      

 

Thank you for any ones time on this.

 

-James

[freddy333]

James - It would be very helpful if I knew what the watch looked like. But, were it me, I would send them the watch along with the explanation you posted above & leave it at that. Although lawyers, especially those who work on behalf of Rolex USA, are rogues, I cannot imagine it being worth their time to proceed any further. But, as in all cases dealing with legal issues (especially, those with Rolex USA), the only way to know for sure is to consult an attorney that specializes in trademark & patent law.

[james79]

James - It would be very helpful if I knew what the watch looked like. But, were it me, I would send them the watch along with the explanation you posted above & leave it at that. Although lawyers, especially those who work on behalf of Rolex USA, are rogues, I cannot imagine it being worth their time to proceed any further. But, as in all cases dealing with legal issues (especially, those with Rolex USA), the only way to know for sure is to consult an attorney that specializes in trademark & patent law.

Thanks for the advise freddy333

[irolexu]

Bro it's a scare tactic. They have no legal binding case here and I have gotten those emails to. I ignore them and never had an issue so I'd advise you do the same. If your still worried I would contact a law firm and seek legal advise. Personally these people are trying to scare you. I think one of us on the forms should act like we got a letter and see how they react

[james79]

Bro it's a scare tactic. They have no legal binding case here and I have gotten those emails to. I ignore them and never had an issue so I'd advise you do the same. If your still worried I would contact a law firm and seek legal advise. Personally these people are trying to scare you. I think one of us on the forms should act like we got a letter and see how they react

It is definitely messed up that's for sure.  I really appreciate the advise, it makes me feel better and not alone. I work so hard for what I have which isn't much, but I'm honest and I try to work everyday that I can to make ends meet.  Once again thank you

[sneed12]

 I have abosolutely no money for this and am so worried

 

Think it through: if you have no money, why would they bother suing you? They're fishing, that's all.