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US Customs seizure and nastygram from Rolex attorneys...

dacfan

You're Saying I Can Sell?
5/2/10
29
0
0
I ordered five on March 4th and haven't received them yet. Wondering if I'll be getting a seizure letter. Freakin' socialists workers party that my taxes are paying for sitting around "monitoring" our ports and playing hide the greased up doorknob.
 

BigChief

Renowned Member
8/5/09
549
0
0
I ordered five on March 4th and haven't received them yet. Wondering if I'll be getting a seizure letter. Freakin' socialists workers party that my taxes are paying for sitting around "monitoring" our ports and playing hide the greased up doorknob.

I had 4 seized one time....got the nasty gram from customs and got the letter from Rolex.
I responded back to Rolex and let them know i didnt order any watches that were Rolex...i ordered Casio's and they need to stop harassing me. :)
 

SpaCityHustler

Known Member
6/2/09
143
0
0
I ordered five on March 4th and haven't received them yet. Wondering if I'll be getting a seizure letter. Freakin' socialists workers party that my taxes are paying for sitting around "monitoring" our ports and playing hide the greased up doorknob.

Right on, but the customs goons wouldn't want to knock on your door, less they want to be met at the door by man with a kimber in his hand singing the perfect country and western song......
 

Panerino

I'm Pretty Popular
26/7/06
1,495
1
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R- o- l- e- x --really- old- loathsome- eliteist- x-breitling employees
 

ThinkBachs

Mythical Poster
DO NOT TRADE WITH ME
9/2/09
8,917
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WTF, the US can't even keep illegals out of the country and they're going to waste time helping Rolex when it comes to counterfeit watches? Letting terrorists go from Guantanamo and someone is going to care if you have a watch made in China? I don't think so. The threat isn't worth the paper it's printed on. If OJ can get away with it so can we! Ignore it and carry on my wayward son.... :)
 

blackburry

You're Saying I Can Sell?
24/3/10
31
0
0
You live in Miami man, you can get a PO Box without an ID in so many places.....why not be safe.
 

SaturdayKnight

Banned member, the goat does not approve
Banned
25/3/10
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You actually have nothing to gain by answering the letter. Basically this is a petty attempt at intimidation on their part. I am really surprised that they would expend as much effort over three items. I would not believe that they would expend the effort to file a civil suit over this. First, never accept a certified letter from an organization / address you do not know Second, was the law firm from the same state you live in? If it is from out of state ignore it. By engaging them you are only giving them information even if it is in the form of a general denial.

FYI.
As for importation it appears that the remedy for the copyright holder is forfeiture and destruction. Which has already occurred. The copyright holder can ask for an injunction against future importations, which even if they wanted to spend the money to take this step, great you are enjoined from future importation of such goods. Sounds like you are done with importation.

You get the gist, there is more in the code of federal regulation and title 15, but it is all fairly circular coming back to forfeiture and destruction of the goods. Note 17 USC § 603(c).

For your reading pleasure:

TITLE 17. COPYRIGHTS
CHAPTER 6. MANUFACTURING REQUIREMENTS, IMPORTATION, AND EXPORTATION


Go to the United States Code Service Archive Directory

17 USCS § 603

§ 603. Importation prohibitions: Enforcement and disposition of excluded articles

(a) The Secretary of the Treasury and the United States Postal Service shall separately or jointly make regulations for the enforcement of the provisions of this title prohibiting importation.

(b) These regulations may require, as a condition for the exclusion of articles under section 602 [17 USCS § 602]--
(1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or
(2) that the person seeking exclusion furnish proof, of a specified nature and in accordance with prescribed procedures, that the copyright in which such person claims an interest is valid and that the importation would violate the prohibition in section 602 [17 USCS § 602]; the person seeking exclusion may also be required to post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified.

(c) Articles imported in violation of the importation prohibitions of this title are subject to seizure and forfeiture in the same manner as property imported in violation of the customs revenue laws. Forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be.


This is the best advice. Lawyers thrive on intimidation. I wouldnt give it a second thought. But definitely do not give any information, it sounds like a fishing expedition as this poster has stated. They probably thought you were a volume dealer and actually confused you for a guy just buying some watches for his personal collection.
 

narikaa

Trusted Dealer
Trusted Dealer
15/3/06
703
22
18
These come around like a bad penny

The money grubbing lawyers have sufficient 'ammunition' to allow them to generate a letter (translate: they can now raise more billable hours/expenses to darling Rolex).

Its all cause & effect...so far they have sufficient for a letter, (if they had more, wild horses wouldnt stop them in their pursuit of more billable hours/expenses - geddit) so can you think of anything that might add to their 'ammunition' to use???

Quite simply, theres only two things that could: a) further seizure to same name & address or b) some self inflicted usable information naively sent in response to their letter.

So

In future ship via a third party address, and IGNORE the letter


Or conversely just declare yourself to be a persecuted Muslim (they always let them do whatever the hell they like with impunity ;) )


.
 

doctorron

I'm Pretty Popular
5/3/07
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The letter in question requesting response was from a private attorney, as I understand it. Customs officers do just that, customs. The real issue here is civil forfeiture, not a criminal issue. Criminal infringement requires trafficing, which would require a sale for pecuniary gain. So what do cops have to do with this again?
No sir. Lawyers may write letters but customs or ICE seize watches. Local cops (Houston and NYC) make raids on local rep venders. Wasted time and money.

I ordered five on March 4th and haven't received them yet. Wondering if I'll be getting a seizure letter. Freakin' socialists workers party that my taxes are paying for sitting around "monitoring" our ports and playing hide the greased up doorknob.
Haha That's funny! I'm a member of the socialist workers party, seriously. :)
 

CBR

Banned member, the goat does not approve
Banned
2/7/07
635
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WTF, the US can't even keep illegals out of the country and they're going to waste time helping Rolex when it comes to counterfeit watches? Letting terrorists go from Guantanamo and someone is going to care if you have a watch made in China? I don't think so. The threat isn't worth the paper it's printed on. If OJ can get away with it so can we! Ignore it and carry on my wayward son.... :)

Are you really comparing the insecurity at the borders with the illegal importation of know trademark infringing products?

I think you have missed a couple points... First, citizens bitch and complain about the insecure borders but then bitch and complain when the DHS asks for a huge budget increase.

We cant have it both ways... The US Border Patrol and Customs bureau does the very best that it can with what it has to work with.

Lets say we send up a flag that says... "We are no longer inspecting packages coming in to the country". Or even, " We are not inspecting packages coming from China..."

Then we have some nut case ships in some bio-weapons, or parts for a dirty bomb, or a nuke... then what? Then we all bitch because they didnt do their job.

The fact is every time we order a known trademark infringing product we open ourselves to the possible repercussions. I stopped importing replica's a little over a year ago. I will only buy from CONUS dealers or people. Im not suggesting we all do that... But its what I have done to eliminate the potential for my name to be associated with these issues.
Ever heard the old saying, "you do the crime, you do the time..." Well, if Rolex WANTS to go after you, they have every legal right to do it. Just like when the RIAA went after all the downloaders...
 

doctorron

I'm Pretty Popular
5/3/07
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Interesting thread! I hope I didn't start a negative trend with my half-baked off color comments.
 

SpaCityHustler

Known Member
6/2/09
143
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0
No sir. Lawyers may write letters but customs or ICE seize watches. Local cops (Houston and NYC) make raids on local rep venders. Wasted time and money.

Yes as I said customs handle customs, your original post focused on "cops". Which, yes local police get involved in local raids but that was outside the scope of the original discussion which involved 1. U.S. customs and 2. a private attorney. The point of wasting local funds seeking local vendors is very true, but not germane to the discussion. Further the original discussion is referencing a civil forfeiture action not a criminal action.
 

P4GTR

Banned member, the goat does not approve
Banned
9/9/07
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Are you really comparing the insecurity at the borders with the illegal importation of know trademark infringing products?

I think you have missed a couple points... First, citizens bitch and complain about the insecure borders but then bitch and complain when the DHS asks for a huge budget increase.

We cant have it both ways... The US Border Patrol and Customs bureau does the very best that it can with what it has to work with.

Lets say we send up a flag that says... "We are no longer inspecting packages coming in to the country". Or even, " We are not inspecting packages coming from China..."

Then we have some nut case ships in some bio-weapons, or parts for a dirty bomb, or a nuke... then what? Then we all bitch because they didnt do their job.

The fact is every time we order a known trademark infringing product we open ourselves to the possible repercussions. I stopped importing replica's a little over a year ago. I will only buy from CONUS dealers or people. Im not suggesting we all do that... But its what I have done to eliminate the potential for my name to be associated with these issues.
Ever heard the old saying, "you do the crime, you do the time..." Well, if Rolex WANTS to go after you, they have every legal right to do it. Just like when the RIAA went after all the downloaders...

Get your hats here! Official RWI Tin Foil HATS here $5 each, made in USA!
Hats here, get your hats folks! $5!

Just kidding buddy. I agree with you. I just use really bad jokes and humor when confronted with uncomfortable/threatening situations. If it gets really threatening, I drink, then make the jokes.

My wife told me I have to quit drinking... and i'm not very funny. :(
 

doctorron

I'm Pretty Popular
5/3/07
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Yes as I said customs handle customs, your original post focused on "cops". Which, yes local police get involved in local raids but that was outside the scope of the original discussion which involved 1. U.S. customs and 2. a private attorney. The point of wasting local funds seeking local vendors is very true, but not germane to the discussion. Further the original discussion is referencing a civil forfeiture action not a criminal action.

Haha Most of the shite I say is not so "germane". :) What I was tryin to say is cops and Ice would rather do something other than seize fake watches.
 

SpaCityHustler

Known Member
6/2/09
143
0
0
The fact is every time we order a known trademark infringing product we open ourselves to the possible repercussions. I stopped importing replica's a little over a year ago. I will only buy from CONUS dealers or people. Im not suggesting we all do that... But its what I have done to eliminate the potential for my name to be associated with these issues.
Ever heard the old saying, "you do the crime, you do the time..." Well, if Rolex WANTS to go after you, they have every legal right to do it. Just like when the RIAA went after all the downloaders...

Actually, as I read the statutory authority just importing for personal use opens you to civil forfeiture and civil liability. It is when you get into trafficing (i.e. selling to another) where you move over into criminal liability. So actually buying or selling w/in the conus is the one to be afraid of. The only thing is it is less policed, as the package is not automatically going through an enforcement agencies hands.....
 

dacfan

You're Saying I Can Sell?
5/2/10
29
0
0
Well, I retract my previous "workers party" comment. They don't "work" as hard as I thought. My watches arrived today. And Doc, you just joined the party for the free "white power" coffee cup. You can go back to the libertarians now...Ron Paul and Jessie Ventura are having a pay per view wraslin match and you could still get tickets if'n u hurry. The Hustler knows I'm a little disapointed that I didn't get to shoot at any federal employees, but tax season ain't over yet! I'm a goin now to post some of these crappy pics I took in another section. With all those faulty marital aids coming from asia electrocuting all those adult film stars, you'd think customs would have their hands full. You know if they actually did seize a crate of sex toys they would probably be filling more than their hands....
 

R2D4

Admin
Advisor
15/4/07
14,905
42
48
Whatcha got here is what is known in the legal profession is a "Demand" letter. Your choices as Spa and all the others have mentioned is to ignore or reply. I suggest ignore. Ship one at a time to your buddy in NYC and be well. :)
 

doctorron

I'm Pretty Popular
5/3/07
2,109
2
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:bananalama:
Well, I retract my previous "workers party" comment. They don't "work" as hard as I thought. My watches arrived today. And Doc, you just joined the party for the free "white power" coffee cup. You can go back to the libertarians now...Ron Paul and Jessie Ventura are having a pay per view wraslin match and you could still get tickets if'n u hurry. The Hustler knows I'm a little disapointed that I didn't get to shoot at any federal employees, but tax season ain't over yet! I'm a goin now to post some of these crappy pics I took in another section. With all those faulty marital aids coming from asia electrocuting all those adult film stars, you'd think customs would have their hands full. You know if they actually did seize a crate of sex toys they would probably be filling more than their hands....