Bought a rep, seizes by customs (Belgium) -> Letter from lawyer's office demanding €250

[thethirdascension]

Hey guys and girls,

I ordered a replica Omega watch from PureTime a while ago. Since they recommended Direct Shipping for Belgium, I went ahead with that. Unfortunately - the watch was intercepted and it was deemed a counterfeit. I received a letter of seizure, sent it back to PT, and they decided to send another watch - this time I paid extra for UK Triangle Shipping.

However, yesterday I received a letter which I had to sign upon receipt, from a lawyer's office representing Omega. They're basically asking me to vow by oath never to buy a replica Omega again, and to pay an amount of €250. In exchange, they promise not to press legal charges. Problem is, there's already a second watch on the way, albeit safer this time. What if that one gets intercepted too and I've already signed the oath? They've given me a week's time. Hopefully the second watch gets here by then.

Personally I can deal with a €250 loss, but I can't really deal with the stress of legal issues, especially as a student (my parents would kill me and if I goes badly, I simply don't have the financial means to defend myself in court or prepare to pay for an even bigger amount).

Do I pay the €250, even though they can't prove anything? I'm really not interested in legal threats or troubles, and I probably wouldn't sleep well if I didn't respond either.

 

[kennygconspiracy]

This sounds like a scam. Rolex, Omega etc.

I would ignore it. Plenty of people fall for this ransom. You shouldn't be a statistic.

Good luck on your next Omega mate

 

[schlonz]

get in touch with a lawyer and ask for advice
will not cost that much but better be safe than sorry and running the risk they really sue you
did they mention for what they would sue you?

if your customs office has informed Omega the threat may be real

good luck

 

[thethirdascension]

The letter says that the customs office informed them, yes.

 

[Cheeps]

How would they prove that you actually ordered it?

 

[nsk2135]

schlonz I would disagree; I don't believe legal recourse is necessary.

Uncertain of EU laws, but in the USA, I believe the problem lies with with sale of counterfeit goods, not the ownership or possession of them. As Cheeps said, I do not believe they have the ability to prove that you ordered it in a way that's financially realistic. Can they do it, given Swatch Co's enormous resources? Probably. But will they? Don't kid yourself, you're too small a fish to fry.

 

[kennygconspiracy]

schlonz I would disagree; I don't believe legal recourse is necessary.

Uncertain of EU laws, but in the USA, I believe the problem lies with with sale of counterfeit goods, not the ownership or possession of them. As Cheeps said, I do not believe they have the ability to prove that you ordered it in a way that's financially realistic. Can they do it, given Swatch Co's enormous resources? Probably. But will they? Don't kid yourself, you're too small a fish to fry.

+1

Sent from my ONEPLUS A6003 using Tapatalk

 

[trendconcept]

I was in the same situation. Customs confiscated a package containing three watches (two different brands). I then received letters from customs and from two different law firms. I did not react and never heard anything again.

It is simply not worthwhile for the trademark owners to pursue such cases. Fortunately, they are profit-making companies that act according to economic principles and are not guided by feelings. To start a lawsuit over a few hundred bucks would simply be disproportionate. Not to mention the difficulties of proof. So you really just have to do nothing... and choose triangle shipping in the future.

T.

 

[efajri]

If you were a popular person; a youtuber for an example, and your fans send you bunch of gifts (legal or illegal) without your knowledge, would you be responsible for those gifts? You cannot stop those fans from sending you gifts.

I offered this thought because a friend of mine is a small-time instagram celebrity, and she gets a lot of gifts from fans and stalkers all over the world almost every day, and she can’t stop them.


Sent from my iPhone using RWI

 

[FrankenLover]

I’m not sure about how it works in Belgium, but in my country (Denmark), it is completely legal to purchase and use reps, as long as it’s for self consume.


Sent from my iPhone using RWI

 

[tripdog]

It's unlikely the second watch gets seized, triangle shipping is secure.

As to the fine, that would depend on laws in your country, if Customs fined you then you would have to pay obviously, as they have the authority to make decisions such as this.

It is most likely this is a scare tactic to put people off from re-ordering a second fake watch. The law firm would need to press charges representing Omega, then prove that you ordered and paid for the watch, that the watch that came through Customs was indeed counterfeit etc - that's a lot of work for a 250 euros fine.

The only way to be certain is to get legal advice from someone qualified, but as I said, in all likelihood it's a scare tactic to put people from ordering another watch.

 

[mydnytrydr]

Hey guys and girls,

I ordered a replica Omega watch from PureTime a while ago. Since they recommended Direct Shipping for Belgium, I went ahead with that. Unfortunately - the watch was intercepted and it was deemed a counterfeit. I received a letter of seizure, sent it back to PT, and they decided to send another watch - this time I paid extra for UK Triangle Shipping.

However, yesterday I received a letter which I had to sign upon receipt, from a lawyer's office representing Omega. They're basically asking me to vow by oath never to buy a replica Omega again, and to pay an amount of €250. In exchange, they promise not to press legal charges. Problem is, there's already a second watch on the way, albeit safer this time. What if that one gets intercepted too and I've already signed the oath? They've given me a week's time. Hopefully the second watch gets here by then.

Personally I can deal with a €250 loss, but I can't really deal with the stress of legal issues, especially as a student (my parents would kill me and if I goes badly, I simply don't have the financial means to defend myself in court or prepare to pay for an even bigger amount).

Do I pay the €250, even though they can't prove anything? I'm really not interested in legal threats or troubles, and I probably wouldn't sleep well if I didn't respond either.

IGNORE THE LETTER ….. You have no knowledge of anything counterfeit..... PERIOD. Shred any correspondence that is not sent by certified mail because it's bullshit.

 

[tripdog]

IGNORE THE LETTER ….. You have no knowledge of anything counterfeit..... PERIOD. Shred any correspondence that is not sent by certified mail because it's bullshit.

OP is not in the US, and he signed for the letter from the lawyer

 

[mydnytrydr]

OP is not in the US, and he signed for the letter from the lawyer

Correspondence threatening any legal action is always sent via certified mail. If you receive otherwise, you never received anything. (The Essential Criminal Handbook / Page 39, paragraph 3) …..

 

[tripdog]

Correspondence threatening any legal action is always sent via certified mail. If you receive otherwise, you never received anything. (The Essential Criminal Handbook / Page 39, paragraph 3) …..

I'll say it again, you're in the US, the OP isn't. US laws are of no relevance outside of the US.

Europe is a continent, not a country, US laws, customs, practices etc do not apply, all European countries have their own specificities regarding the import of counterfeit goods - some of the specificities are very harsh.

thethirdascension I would Google the law firms name, add a few keywords - counterfeit, seizure etc, see if any results come up - if they are going ahead with the 250 euros fine on every seizure then it would have been discussed on other forums.

Omega has obviously mandated Belgian Customs to contact Omega in the event they seize any counterfeit watches, but you need to know, before making your decision, to what extent the law firm can act.

 

[mydnytrydr]

I'll say it again, you're in the US, the OP isn't. US laws are of no relevance outside of the US.

Europe is a continent, not a country, US laws, customs, practices etc do not apply, all European countries have their own specificities regarding the import of counterfeit goods - some of the specificities are very harsh.

thethirdascension I would Google the law firms name, add a few keywords - counterfeit, seizure etc, see if any results come up - if they are going ahead with the 250 euros fine on every seizure then it would have been discussed on other forums.

Omega has obviously mandated Belgian Customs to contact Omega in the event they seize any counterfeit watches, but you need to know, before making your decision, to what extent the law firm can act.

How can a law firm, in Europe or on the moon, PROVE you have received ANY correspondence if you don't SIGN for it? … That's my point.

 

[blurred_line]

As others have mentioned, I too think you should ignore the letter. Considering the letter says that they represent Omega, sounds like a total scam for a measly 250 euros. I know it would be a difficult but dont worry too much, just ignore it.

 

[mydnytrydr]

Once he signed for the letter, game over.

 

[Cheeps]

Once he signed for the letter, game over.

Why would it be game over? It just proves that he accepted a letter without knowing what’s inside the letter or admitting to anything. The signature just means that he received it.

 

[Spitfire63]

I've heard of this from Rolex lawyers, they send a letter and then demand payment basically to cover costs in the disguise of a fine. The advice then was to ignore the letters and to the best of my knowledge no more action was taken.

the best thing to do is first find out the law in your country regarding counterfeit goods, I know here in the UK that's it's not illegal to buy or own counterfeit goods for personal use, only illegal to import to distribute or sell.

personally I would ignore the first letter and wait to see if they follow it up, if they do I would reply saying that you believe that the package may have been sent as a Christmas gift to you and you have had no prior knowledge of its arrival or contents, then in the politest possible way I would tell them that I would not be signing any declaration and that they could stick the "fine" up their arse.

only a court can issue a legally binding fine not a private individual or company such as a lawyers, they will not take legal action for such a small amount of money, it would cost them more to do the paper work.

the most important thing firstly is not to sign the declaration especially if its worded "import" , "distribute" or "sell" anywhere in it,
because you would be an admission of guilt

good luck