Legal Question in Business Law in California

Re: copyright infrindgement

Are you kidding asking this question??????? On the civil side is called civil fraud. On the criminal side it is called criminal fraud. Can you get into trouble, but a scale of 1 to 10, 25

Re: copyright infrindgement

This activity would not be copyright infringement, it would be trademark infringement. The makers of Rolex could sue you for that.

The fraud issue raised by Mr. Olden would be another ground for civil suit, but in this case it would be the buyers of the watches who could sue, and then only if they believed they were getting the genuine article.

A criminal investigation and prosecution is a possibility if the facts tended to show widespread and intentional deception in the sale of these watches.

Re: copyright infrindgement

I concur with Mr. Whipple and Mr. Olden. You could be sued on a number of theories if you marketed it as a genuine Rolex. However, if you did not use Rolex's logo, or any authenticating marks or codes, and marketed it as a Rolex "replica" or "mock Rolex" or something like that, and conspicuosly stated in your promotional material it is NOT a Rolex but made to closely resemble and work like one, you may be able to avert some of the problems identified. But, don't expect Rolex prices!

Re: copyright infrindgement

Hi, I don't have much to add to what has already been stated here. It's true, deliberately misleading purchasers as to the authenticity of your watches could land you in civil court; I suppose criminal prosecution is theoretically possible, if the circumstances are sufficiently egregious.

I write separately just to give you a "heads up" that Rolex is unlike any other watchmaker when it comes to protecting their name and their mark. I've heard stories about this particular watchmaker that I won't repeat here - but it's in your best interest to use caution and common-sense where that particular company is concerned.

Regards and Good Luck - Len