Legal Considerations of Dealing in Rolex ReplicasBy: Administrator
Note: This article cannot be used as legal advice. It is suggested that readers seek the help of a qualified legal professional or attorney for legal advice. Review4Replicas accepts no responsibility or liability for any use or misuse of the information stated in this article.
It is safe to assume that every visitor of this site knows that Rolex replicas are not legal. In the United States of America, Rolex is a trademark owned by Rolex Watch Co. USA, and any form of imitation and replication without their consent is a kind of legal infringement.
Also, there are other criminal and civil repercussions that can result from a direct or indirect involvement with replica watches. There are 4 parties involved in the manufacturing and selling of Rolex replicas, namely: The Buyer, The Seller, The Wholesaler and The Manufacturer.
The buyer is described as someone who purchased or bought a Rolex replica intended for personal use and not for reselling. In the worst case scenario, a buyer can be potentially be prosecuted for possession of counterfeit goods. Note: A replica watch can be considered as a counterfeit good.
Despite this fact, a buyer should have absolutely nothing to worry about when buying Rolex replicas. There have been no actual cases of someone purchasing one or two Rolex replicas and then getting prosecuted afterwards. For personal safety reasons, buyers should be cautious when choosing an online replica store. Make sure that it is trusted, and that it will only send high quality real-looking Rolex replicas.
THE SELLER/ DEALER
The seller is the one selling the Rolex replica to the buyers. Sellers purchase from wholesalers and sell the replicas for a slightly more expensive price on the internet or on the streets. Rolex replica sellers can breathe a sigh of relief: Rolex has never prosecuted any seller or street dealers in the past. The reason for this is the fact that Rolex will not gain anything from pursuing legal actions. It is safe to assume that sellers have little or no assets at all. Rolex is tolerant when it comes to replica sellers, simply because they are aware of the exclusivity and quality of their watches, and they are more than happy to get the brand out there. However, Rolex does prosecute those who sell replicas and claim they are "genuine" and "authentic".
More recently, fortunes seem to have changed for the Rolex replica seller. There have been high profile prosecution cases over the past year, with online sites as targets of the infringement prosecution. The internet's worldwide reach is proving to be a bugbear for the Rolex bigwigs, and the company is vigorously hunting down websites who sell counterfeit Rolex watches.
The usual civil charge to sellers/ dealers is trademark infringement, which is in the order of $500,000 to $1,000,000 in fines. The amount of fines depends on the actual number of Rolex replica units sold by the dealer. Say Rolex discovered that a certain dealer sold $100,000 worth of replicas, they will charge $100,000 in punitive and attorney damages. Huge companies like Rolex rarely lose in court, even if they only prove the certain dealer has shipped one replica watch. These charges are related to trafficking of counterfeit goods. This is stated in Title 18 United States Code 2320 of the Criminal Code, which reads: TITLE 18 UNITED STATES CODE, PART 1, CHAPTER 13, SECTIONS 2320: Trafficking in Counterfeit Goods and Services Offense: Intentionally trafficking or attempting to traffic in goods and services and knowingly using a counterfeit mark on or in connection with such goods and services.
And the penalties read:
"...if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000." This means that even the act of selling one piece of Rolex replica watch can put the seller jail, or at least pay a huge amount in fines. Once Rolex sues the seller, all his or her assets will be seized and all bank accounts will be frozen. This is a huge wake-up call for those who intend to sell Rolex replicas in the future. If you are not prepared to face these legal consequences, then don't distribute Rolex replica watches. If you're feel confident that you can get away with the crime, do a quick Google search to see what happened to past replica sites like Fakegifts.com, Replicaone.com and Dealsbytodd.com.
Whenever Rolex gets a hold of a seller in court, the seller will be asked to reveal the identity of the wholesaler to possibly reduce his or her fines. When the identity of the wholesaler is revealed, Rolex pursues a different legal case to prosecute them and other sellers they are supplying. The charges given to the wholesaler is usually the same as what a seller will get, but with greater consequences and fines. Rolex would rather much pursue a wholesaler than a seller because a wholesaler tends to have greater number in inventories (in thousands). Confiscation will cripple replica supplies to internet sellers instantly.
Prosecuting a wholesaler can lead to the revelation of other wholesalers and dealers, information that can start brand new legal cases. This is good for private investigators, but definitely awful for the Rolex replica industry. This should teach you to never, ever become a wholesaler because the more Rolex replicas you send out, the bigger the chances of getting caught and paying penalties.
With all of the things we have just discussed, it is obvious that the manufacturer suffers the worst penalties and charges if caught. Because we have thankfully not yet experienced this personally, we are only able to share what we know about how the authorities investigate manufacturers.
There are two types of replica manufacturers: local and international. Local manufacturers are rare and hard to catch on their own, and there is very little the police can do about international manufacturers. Local manufacturers can smuggle replicas in and out of the country, and this is usually how they get caught.
It is very rare for Rolex to catch an international replica manufacturer, that's why they do their best to press sellers and wholesalers they catch.
In this article, you have learned that merely buying one or 2 Rolex replicas can't get you into legal trouble. However, the intent to sell them or being involved in wholesaling or manufacturing will surely land you a seat in court. Each website selling Rolex replicas has a good chance of being found, and only time will tell when a subpoena will be plastered on their homepage instead of a lovely list of replicas.