That Fake Rolex You Buy In China May Cost You More Than The Real Thing

from the after-customs-has-its-way-with-you dept

Petréa Mitchell writes in to let us know about yet another case where trademark protection is being abused. "A guy decided to bring back some obviously fake Rolexes from China as souvenirs for his family. This was probably not a bright idea in any case, but US Customs thinks it's worth fining him $55,300. The fine is allegedly based on the street value of real Rolex watches, but he points out that there's no way anyone would pay a full Rolex price for fakes as obvious as these. The government says he should be glad it's only $55,300, because if Rolex had gotten personally involved it could have been $100,000... per watch." This one raises all sorts of questions. The thing is, buying these fake Rolexes shouldn't be against the law -- selling them should be. However, the guy wasn't caught selling them. Either way, while aren't there more important things for Customs to be doing than fining people for wearing fake Rolexes?

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  1. identicon
    sam, 10 May 2007 @ 8:26am

    so mike...

    you're stating that the consumer of the illegal function shouldn't be puniushed.. even though they know the item/service that they're engaging in is illegal...

    cool... hope you stay consistent..

    someone rips off your car. sells it to me/gives it to me. if i get caught, you'll come to my aid right?!! you'll argue that i'm just the consumer, i didn't do anything wrong... or will your argument change?

    just curious...

    part of the legal issue for punishing the person who commits the crime, as well as the person who might 'knowingly' benefit from the action is to deter people from gaining from illegal activity. there's also a theory that states that this kind of action reduces the profit motive for the person who commits the crime...

    but you already know this....


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