7 Watches seized. Customs called my friggin office!

[d4m.test]

Taken directly from McCarthy on Trademarks (MCCARTHY § 25:15)
Willful blindness is no defense to a charge of knowledge or treble damages. The 1984 Act created § 35(b) which imposes mandatory treble damages for a violation that consists of intentionally using a mark “knowing such mark or designation is a counterfeit mark.” It is sufficient knowledge that a retailer “failed to inquire further because he was afraid of what the inquiry would yield. Willful blindness is knowledge enough.” Thus, a retailer who buys “obviously poorly crafted goods from an itinerant peddler at bargain- basement prices” is guilty of willful blindness.

lol...that only is valid for SOME (VERY FEW) cases in which a registered dealer goes out of their way to sell something that may be (this is were the knowledge base comes into play) fake. Thats where the "treble" comes in.

This is not that case. He is not a reseller, unless they can prove it, and in this case intent is not the same (its actually depending on what the state statutes are).

Intent can be presumed when someone has a large enough quantity for resale. But, I can see that you feel you are truly an expert in this area so I will leave it to you and your musings to educate the forum. Good luck guys!

 

[Novesh]

Funny - because I happen to practice in the area of which I speak.

Intent can be presumed when someone has a large enough quantity for resale. But, I can see that you feel you are truly an expert in this area so I will leave it to you and your musings to educate the forum. Good luck guys!

Thats all well and good, but hopefully you'd have known was a "treble" was before posting that.

And any lawyer would instantly check the statutes of that state to see if that applied to this individual.

For the record, since we are talking about expertise, my law degree tells me your full of it :wink: :roll:

 

[rek001]

If I got a call from Customs regarding a package containing rep watches I would play it very surprised, saying I don't know anything about it, I never oredered any watches, there must be some mistake. Please return to sender. Don't give them any rope to hang with.
Then I'd say "excuse me, but you've caught me at a very bad time, I'm with a client and I have to go now".

 

[d4m.test]

Funny - because I happen to practice in the area of which I speak.

Intent can be presumed when someone has a large enough quantity for resale. But, I can see that you feel you are truly an expert in this area so I will leave it to you and your musings to educate the forum. Good luck guys!

Thats all well and good, but hopefully you'd have known was a "treble" was before posting that.

And any lawyer would instantly check the statutes of that state to see if that applied to this individual.

For the record, since we are talking about expertise, my law degree tells me your full of it :wink: :roll:

HAHAHAHAHHHAAHAHA!

You are so full of s#it. Why don't you tell these guys the truth? Federal law governs importation and trademarks. If you really had a law degree you would know that. The lanham act (15 USC 1125) is a federal statute! These are not state causes of action.

 

[galevin]

Thanks for the advice guys. My attorney is 2 blocks away from where I live and I see him at least weekly on other matters so customs can stand in line. I bought misc. surplus watches. I did not know they were reps, counterfeits or timex watches for that matter. Does anyone know of any US citizen that was prosecuted for importing watches (seven or less). They can search the internet since the Roman era and find I have never sold a watch. Ever. Excluding a Rolex gen date (prior to the datejust), but I am not a reseller of watches. If they want to bust the balls of a buyer that spent $300 on some misc surplus watches then they obviously have too much idle time on their hands. Go after the big guys. How many thousands of Americans are importing illicit drugs into this country by foreign pharmacy's? Not too worried that the customs guys will be wacked out over me buying $300 of misc. surplus watches. Let them show me an invoice where I illegally bought 7 reps. It does not exist. I just bought surplus watches. Period.

PS And in the event customs tends to get aggressive over this nonsense I will be contacting the two of you guys in this thread to possibly defend me. My life is never boring. I always have DRAMA going on.

 

[efnstefn]

My boy Novesh is smaaaart....hang your Juris Doctorate at the door and yield to the brilliance spewing from his every orafice. Seriously, don't eff with him.

@Novesh.....good example re: Absinthe. I wish there was a Dark Side for that evil apertif. BTW, I have an extensive collection which I knowingly purchased from a company in Spain, and gladly accepted delivery in the USA. I think it's gen absinthe and not counterfeit....I mean replica absinthe.

 

[Novesh]

You are so full of s#it. Why don't you tell these guys the truth? Federal law controls importation. If you really had a law degree your would know that. The lanham act (15 USC 1125) is a federal law! These are not state causes of action.

Again you think you know everything because you have access to google search.

Federal law only covers "everything" when there isn't a state statute covering it, now this is VERY liquid, because federal authorities can take over anything state/local at anytime with no reason.

For example, and I am referencing another thread, in CT you can have up to 10 reps without anyone thinking you are a reseller. This is per household, now I am quoting another post, but that seems pretty legit seeing as how every state has different, completely different laws in some cases.

Basically what it comes down to is this.

Will some DA think that 7 reps are worth hanging someone out to dry, especially if they are a FEDERAL DA?

HELL F-ING NO.

 

[Novesh]

My boy Novesh is smaaaart....hang your Juris Doctorate at the door and yield to the brilliance spewing from his every orafice. Seriously, don't eff with him.

@Novesh.....good example re: Absinthe. I wish there was a Dark Side for that evil apertif. BTW, I have an extensive collection which I knowingly purchased from a company in Spain, and gladly accepted delivery in the USA. I think it's gen absinthe and not counterfeit....I mean replica absinthe.

+10

I'll share a drink w/ you anytime! :twisted:

 

[Anubis]

He he he....someone is chasing the green fairy....watch out dude...

 

[d4m.test]

Thanks for the advice guys. My attorney is 2 blocks away from where I live and I see him at least weekly on other matters so customs can stand in line. I bought misc. surplus watches. I did not know they were reps, counterfeits or timex watches for that matter. Does anyone know of any US citizen that was prosecuted for importing watches (seven or less). They can search the internet since the Roman era and find I have never sold a watch. Ever. Excluding a Rolex gen date (prior to the datejust), but I am not a reseller of watches. If they want to bust the balls of a buyer that spent $300 on some misc surplus watches then they obviously have too much idle time on their hands. Go after the big guys. How many thousands of Americans are importing illicit drugs into this country by foreign pharmacy's? Not too worried that the customs guys will be wacked out over me buying $300 of misc. surplus watches. Let them show me an invoice where I illegally bought 7 reps. It does not exist. I just bought surplus watches. Period.

Too much idle time? The RIAA sues college kids for up to $100k (copyright infringement) per song they download from P2P. But of course, the RIAA is not a governmental entity.

 

[d4m.test]

You are so full of s#it. Why don't you tell these guys the truth? Federal law controls importation. If you really had a law degree your would know that. The lanham act (15 USC 1125) is a federal law! These are not state causes of action.

Again you think you know everything because you have access to google search.

Federal law only covers "everything" when there isn't a state statute covering it, now this is VERY liquid, because federal authorities can take over anything state/local at anytime with no reason.

For example, and I am referencing another thread, in CT you can have up to 10 reps without anyone thinking you are a reseller. This is per household, now I am quoting another post, but that seems pretty legit seeing as how every state has different, completely different laws in some cases.

Basically what it comes down to is this.

Will some DA think that 7 reps are worth hanging someone out to dry, especially if they are a FEDERAL DA?

HELL F-ING NO.

Google search? Try westlaw. You won't find Corpus Juris Secundum or American Jurisprudence Proof of Facts on Google. Go ahead... try. Then show us all where we can find it Novesh.

But hey - EVERYONE LISTEN TO NOVESH - seriously.... he thinks he knows what he's talking about.

 

[Anubis]

Talk about a pissing contest!

 

[Novesh]

Too much idle time? The RIAA sues college kids for u
p to $100k (copyright infringement) per song they download from P2P. But of course, the RIAA is not a governmental entity.

Now we are talking about my area of expertise.

Are you fracking dense? The sue them because they make NO money in taxes if kids P2P/torrent songs, movies or software.

What happens most of the time?

Its thrown out or reduced to something like probation. Why? Because its RETARDED and any JUDGE will tell you that trying to get $100k from a COLLEGE student is equally retarded, especially when every single other kid on campus does it.

What your talking about is 1st yr law student talk. You honestly think that every single person who gets charged is going to goto jail for the full term? Because thats what your talking about.

The court systems have WAY too much stuff to worry about that 7 reps and some high kids downloading snoop dogg.

Ohh, and Corpus Juris Secundum or American Jurisprudence, that'll be $.50 at your local library, next please.

 

[efnstefn]

I love when we get into legal discussions about our participation in such knowingly "less than legal" products. It makes my ass bleed like spigot.

I pray to Xenu, just pray that these legal engrams can be audited from our souls and we can all live as clears.

 

[d4m.test]

Too much idle time? The RIAA sues college kids for u
p to $100k (copyright infringement) per song they download from P2P. But of course, the RIAA is not a governmental entity.

Now we are talking about my area of expertise.

Are you fracking dense? The sue them because they make NO money in taxes if kids P2P/torrent songs, movies or software.

What happens most of the time?

Its thrown out or reduced to something like probation. Why? Because its RETARDED and any JUDGE will tell you that trying to get $100k from a COLLEGE student is equally retarded, especially when every single other kid on campus does it.

What your talking about is 1st yr law student talk. You honestly think that every single person who gets charged is going to goto jail for the full term? Because thats what your talking about.

The court systems have WAY too much stuff to worry about that 7 reps and some high kids downloading snoop dogg.

Ohh, and Corpus Juris Secundum or American Jurisprudence, that'll be $.50 at your local library, next please.

McCarthy on Trademarks? Is that also the $.50 local library? You seem to have forgotten your ConLaw Interstate Commerce Clause facts...

Are you honestly saying that the Federal Government doesn't have any jurisdiction over the importation of counterfeit goods? Wow... did you go to Big Al's School of Law?

At any rate, I'm done with this conversation and I'll leave it up to everyone else to decide whether or not they should believe you. But hey, you are the "Hebrew Hammer" ... at least you have that going for you.

 

[d4m.test]

I love when we get into legal discussions about our participation in such knowingly "less than legal" products.

Who say's I'm participating? I just like to look around. See who's doing what and how my company to make harder to counterfeit products.

 

[Novesh]

McCarthy on Trademarks? Is that also the $.50 local library? You seem to have forgotten your ConLaw Interstate Commerce Clause facts...

Are you honestly saying that the Federal Government doesn't have any jurisdiction over the importation of counterfeit goods? Wow... did you go to Big Al's School of Law?

At any rate, I'm done with this conversation and I'll leave it up to everyone else to decide whether or not they should believe you. But hey, you are the "Hebrew Hammer" ... at least you have that going for you.

Guess not only can you not quote law properly, but you can't read either.

I did not say Federal law doesn't have jurisdiction, I said if there is a statute in place which lets the state cover it, and the federal govt lets them, then they will, which happens more than usually.

And do I sense a little bit of sadduceeism in your posts...better work on that if your a lawyer, can't have any judgments go the wrong way for you due to poor understanding.

Yes you can find all those texts at your local liberary, or your local prison, maybe that's where you learned all these...Too much idle time?

My area of expertise is criminal law, mainly electronic, on down to the simple crimes codes.

Who say's I'm participating? I just like to look around. See who's doing what and how my company to make harder to counterfeit products. Very Happy

*coughsection248oftitle18cough*

 

[Novesh]

I love when we get into legal discussions about our participation in such knowingly "less than legal" products. It makes my ass bleed like spigot.

I pray to Xenu, just pray that these legal engrams can be audited from our souls and we can all live as clears.

Good idea, but the hebrew part sorta makes me immune to that...hahaha, either way, everyone has enough bad deeds to give them a permanent seat in some fire.

But I like that thinking (=<

 

[Novesh]

@galevin, sorry for hijacking your thread...

hope it all works out for you.

I need a drink.. :roll:

 

[Sylar]

Guys, go have your pissing contest elsewhere. This is about his watches being seized and not who knows more about law. Dont mean to be mean but lets stay on topic here.