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D. WINOGO ESQ.
D. WINOGO ESQ., Attorney
Category: Legal
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Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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IF I HAD A ROLEX WATCH ON EBAY AND THEY PULLED IT OFF AS BEING

Resolved Question:

IF I HAD A ROLEX WATCH ON EBAY AND THEY PULLED IT OFF AS BEING A FAKE IN WHICH I DID NOT KNOW IF IT WAS OR NOT , IT WAS ON FOR PARTS OR REPAIR AND I GOT A NOTICE TO PAY A 350.00 FINE FOR INFRINGEMENT , DO I HAVE TO PAY THE FINE .
Submitted: 4 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 4 years ago.
Who did you receive the notice of infringement from, Ebay or someone else?
Customer: replied 4 years ago.
from someone else, gibney anthony & flaherty in new york
Expert:  D. WINOGO ESQ. replied 4 years ago.
Presumably, the letter you received was from a law firm in NYC which presumably represents the Rolex company, and they are suing you for copyright infringement. If you can cut and paste the letter you received, I should be able to tell you whether it is legitimate, and what your next step should be.
Customer: replied 4 years ago.
the letter is not on the computer it was sent by mail , is there another way to do it.
Expert:  D. WINOGO ESQ. replied 4 years ago.
Well, you could type it in. However, it is only to determine whether the law firm and the notice is legitimate. Without looking at the letter itself, I can tell you that typically, companies who protect their copyrights/trademarks will send a cease and desist letter to those they feel are infringing on their copyright/trademark, and threatening litigation if they do not stop. I would say that you are probably safe to simply ignore the letter as long as you stop selling your Rolex or fake Rolexes. It will not be worth their while to sue you over one watch, unless they can prove that you have done so repeatedly.
Customer: replied 4 years ago.
here is what part of the letter states, we demand that you immediately cease and desist from any and all offering for sale distribution , importation , manufacture , advertisement , promotion and display of the illegal merchandise, we also demand that you do the following, surrender all illegal merchandise in your possession , custody or control, , provide the identity of the source of the illegal merchandise , make payment to rolex watch usa inc k, by cashiers check or money order, provide a full accounting of all sales and profits from the sale of counterfiet rolex merchandise , and provide a written guarantee that your illegal activities have been discoontinued and will not resume any time in the future, , the watches were broken and i threw them out , they were bought at a flea market and were in a bag full of other watches,
Expert:  D. WINOGO ESQ. replied 4 years ago.
If what you are stating is true, then as I mentinoed previously, you need to stop selling the watches and posting them online. If this was a one time thing, then in all likelihood, they will not pursue any legal action against you because you are a "small fish" so to speak. As stated in their letter, they are looking for the bigger fish, namely, trying to find out if you have/had a distributor or source for the fake watches. Even if they do pursue legal action, your defense would probably be sufficient.
Customer: replied 4 years ago.
ok, so do i just ignore the letter and let them make the decision on wheather to sue me or not.
Expert:  D. WINOGO ESQ. replied 4 years ago.

Basically yes. Odds are, they will not do anything because it will not be worth their while, as long as you do not have a history of selling fake watches and as long as you do not continue to sell them.

D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience: 10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
D. WINOGO ESQ. and 15 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
thank you I will accept that answer and see what happens,

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