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Can i sell replica fake rolex watches at our local flea market and craigslist

South Carolina |

i will state they are fake

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Filed under: Filing a lawsuit
Attorney answers 4

Posted

I have handled a whole bunch of cases like this and the answer is most likely no. Selling any kind of knock off gives rise to a whole host of claims by the holder of the brand (Rolex). Talk to a lawyer about what te watches actually are (do they have the brand name etc.)

Thomas Dunlap
Dunlap, Grubb & Weaver, PLLC
tdunlap@dglegal.com
www.dglegal.com
Tel 800-747-9354 x 3885
Local Tel 202-316-8558 / 703-777-7319
SuperLawyers (top 2.5% peer selection for Commercial and Business Litigation)

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Posted

A replica watch is a nice way of saying counterfeit.

Posted

Even if a customer knows that he or she is buying a fake product (i.e., a "counterfeit" or "replica" product), the offer to sell the product and its purchase are still both unlawful because the brand owner is harmed when fakes of its product are circulating out in public.

Posted

Not without infringing Rolex's trademark.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.