Legal Question in Civil Litigation in Missouri

counterfreit products

i put--name removed--watch to sell in Ebay that is called Rolex but i didnt know that was--name removed--fake one, now i was contacted by the Rolex company asking me to pay--name removed--penalty for posting it in Ebay even though i didnt sell it and it was removed from the website. i would like to get some advice regarding this pleaseeeee? hope to hear from you soon.

thanks in advance.


Asked on 1/31/06, 7:23 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: counterfreit products

Although Rolex has not been damaged they may still have a legal right to a penalty.

Keep in mind that there may be federal copyright and trademark laws that give them the right to demand the penalty. I have not researched this issue. However, based on the information you provided, you did not cite any statute or code section, and therefore they may just be trying to intimidate you.

It would be a good idea for you to consult an intellectual property lawyer to discuss this matter with, and let that attorney negotiate the issue for you.

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Answered on 2/01/06, 9:55 am


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