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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 13066
Experience:  Experienced Licensed Attorney
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I posted a Rolex on ebay and the watch didnt work. I stated

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I posted a Rolex on ebay and the watch didnt work. I stated in title mens Rolex watch and in the description I stated that I buy storage units and sell the items I find. And please judge the item for yourself, im not a jewler and I dont know if its real but would probley lean more toward the real side cause its heavy dutie. With in 1 day ebay pulled the watch off line. I assume the reason was cause I stated I dont know if its real or not. So I didnt sell it or I never tryed to sell it agin. A month gos by and I get a letter from Gibney, Anthony & Flaherty LLP and there in New York on fifth ave. They are requesting me to send them 350.00 and the source were I got it and provide all sales and profetes made and a letter from me saying I will never sell a fake watch agin. So what do I do I cant afford 350.00 for nothing, I didnt sell the watch and I said I didnt know if it was real or not and ebay pulled it after 24 hours. Please help me out. Thanks
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

This is quiet common and I have dealt with similar issues related to customers of this website and also my private clients.

The law firm that has sent you an email, is in fact a legitimate and very powerful and well established law firm, that does represent Rolex and some other top brands in matters related to trademark infringement and the email that they have sent you is a standard form email that get sent out by this law firm, whenever the discover any type of trademark infringement, due to a potentially counterfeit Rolex that was sold or offered for sale.

Basically, in most cases if the person who gets the email simply ignores it, nothing further happens, as long as, the same person does not engage in selling potential counterfeit Rolex watches in the future.

In any case, even if this law firm decides to proceed against the violator, they would have to send a written letter and not a simple email which is only meant to scare the violator and also an attempt to collect some penalty for the infringement, which most people simply ignore.

So basically, someone in a position similar to yours is not under any obligation to respond to this email or to send any money to this law firm, as doing so would serve as an admission of guilt or liability.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Satisfied Customers: 13066
Experience: Experienced Licensed Attorney
Alex J. Esq. and 9 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

They didnt send me an email, they sent me a letter. I googled them and there is 20 or so people talking about how they all got this same letter wanting them to pay 350.00. And none of them said they got sued for not paying.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Randy,

Thank you for clarification, I was under impression that you received this notice by an email.

Regardless, in most cases this law firm would not pursue legal action, if the alleged violator fails to respond back to them, unless the alleged violator engages in further potential Rolex trademark infringement activity.

I wish you the best of luck!
Expert:  Alex J. Esq. replied 1 year ago.
Dear Randy,

Do you have any related follow up questions for me?
Customer: replied 1 year ago.

Im done you answered my question to my satisfation. Thanks agin for you peace of mind. The best 30.00 ive spent.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Randy,

Thank you and please click on the excellent service rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

I wish you the best of luck and GOD bless you!

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