Legal Questions About Replicas

[Maximillian]

You and I posted in this thread

We have forgotten more about reps than most people learn

Homeland security takes package from fedex

I had a multiple unit order that was shipped thru FedEx, came thru ny to Brandon Ms and was taken from the sort line…. 10days later the same thing, 7 in first box 5 in the first and 5 in the second.. 2 mths later I get a letter ftom customs they put a retail value on 1st box and at900$ the...

forum.replica-watch.info

My goldfish memory... lol

In this case, he was caught not because local laws prohibit buying replicas, but more likely due to importing undeclared or untaxed goods. The law in question wasn’t specifically designed to target replica watches.

 

[ward1991]

Also, no disrespect but I’m not sure why so many on here say “ if you are skeptical, then don’t buy” when the purpose of my question is hoping someone can answer it to remove my skepticism…thx

Because you are looking for an impossible answer. This is the internet and you are on a watch forum. No legal advice is given here and none should be taken.

Consult a lawyer who specializes IP law, for $50 im sure they will tell you what you want to hear.

Perhaps you might consider the world of homages? There are plenty to choose from.

 

[trustytime]

I guess with the huge demand all over the world, replica industry that extends to bags, accessories, tee-shirts and even furniture will always be there.

However, somehow for furniture is a category which I think the law does not stop the manufacturers.
Cheers

 

[joshhb8282]

It's illegal to buy, sell or possess knowingly counterfeit goods.

Also, no one cares. Take a stroll in Chinatown NYC to see what I mean.

Just buy 1-2 at a time and you have basically zero risk, breath.

 

[m5750]

It's illegal to buy, sell or possess knowingly counterfeit goods.

Also, no one cares. Take a stroll in Chinatown NYC to see what I mean.

Just buy 1-2 at a time and you have basically zero risk, breath.

Federal Law: Trademark Counterfeiting Act of 1984

Under 18 U.S. Code § 2320, the Trademark Counterfeiting Act of 1984 criminalizes the intentional trafficking of counterfeit goods and services. However, it does not make it a federal crime for an individual to purchase counterfeit items for personal use.

I posted the federal documentation above, but I did hear that NY as a state will institute fines up to $1,000 for this.

 

[Michaelh]

It seems to be in a complicated place of legally conflicting federal and local statutes, with an even more opaque view of what enforcement would look like from state to state- it’s no wonder this forum doesn’t have the pat answer op was looking for.

 

[Fiddo]

Looks like WBK says 'returning soon' on their page. Guessing they aren't selling at the moment.

That's been there for awhile. I believe he is around. @WackoBirdKeeper

 

[WackoBirdKeeper]

That's been there for awhile. I believe he is around. @WackoBirdKeeper

I'm on here damn near every day, Yes, I'm still alive and well!

 

[Maximillian]

It seems to be in a complicated place of legally conflicting federal and local statutes, with an even more opaque view of what enforcement would look like from state to state- it’s no wonder this forum doesn’t have the pat answer op was looking for.

First of all, seeking legal advice on a rep forum is like looking for near-death experience tips in a morgue. It might sound logical at first, but a second’s thought will tell you it’s anything but. Secondly, the odds of getting arrested for buying a rep or two are about the same as a satellite crashing directly onto your head during reentry. Yes, we’ve heard stories people receiving hefty bills from customs and so on, but that’s not necessarily because they bought a rep. You’d get hit with the same import duties or VAT penalties if you brought in an undeclared gen watch from overseas.

Sure, there are places where buying reps is technically illegal, like France. Under French law, even the purchase of counterfeit goods is prohibited and can result in fines or criminal charges — though in reality, enforcement is rare and usually limited to cases involving large quantities or resale. But then comes the question of enforcement. You can’t just stop someone on the street wearing a Rolex to check if it’s a rep. That in itself would be a legal violation.

 

[Michaelh]

First of all, seeking legal advice on a rep forum is like looking for near-death experience tips in a morgue. It might sound logical at first, but a second’s thought will tell you it’s anything but. Secondly, the odds of getting arrested for buying a rep or two are about the same as a satellite crashing directly onto your head during reentry. Yes, we’ve heard stories people receiving hefty bills from customs and so on, but that’s not necessarily because they bought a rep. You’d get hit with the same import duties or VAT penalties if you brought in an undeclared gen watch from overseas.

Sure, there are places where buying reps is technically illegal, like France. Under French law, even the purchase of counterfeit goods is prohibited and can result in fines or criminal charges — though in reality, enforcement is rare and usually limited to cases involving large quantities or resale. But then comes the question of enforcement. You can’t just stop someone on the street wearing a Rolex to check if it’s a rep. That in itself would be a legal violation.

I agree with everything that you are saying, I’ll just leave it at saying that this is a very reasonable concern for op to have but that I don’t think that this forum can give a definitive answer, even by the nature of what forums are. We are not a monolithic entity, we are a platform for many views. That being said, I hope that the thread has been helpful for op and I wish him luck!

 

[ap9791]

FBI have been monitoring your purchase of a Daydate 40 shitter from Dhgate

 

[DecompressionDiver]

Thank you all for the info, facts, and opinions. Also, thanks for the warm welcome to RWI!