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P. Simmons
P. Simmons, Attorney
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How could i open up a Legal Marijuana Dispensary in New York

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How could i open up a Legal Marijuana Dispensary in New York State? & if i bought Replica duplicate watches online for $250.00 can i sell them for higher prices online on craigslist?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

For the marijuana? You have to wait.

Currently sale of marijuana is a crime in NY. THere is a bill making its way through the legislature to legalize it for medical purposes, but it has not yet passed. So you can not legally sell marijuana in NY

As for the replica watches? That would most likely be a violation of trademark law. If you sell a watch that is a replica of a watch trademarked in the US (for example a watch that states it is a rolex but is not actually a rolex), that is a federal crime. So it would be a crime to sell them for any price on craigslist


Sorry to have to bear bad news.



Customer: replied 1 year ago.
What if i stated that they were Replica Watches? I am not trying to sell them as Real Rolex Watches. They will know that they are Replicas.
Expert:  P. Simmons replied 1 year ago.
Will not matter. The problem you face is that the "replica watches" are in violation of US intellectual property laws. Rolex owns trademark on its brand. If you sold them, or even attempted to sell them, you would face potential liability criminally (for violation of criminal law) as well as a civil lawsuit (for trademark infringement).

Customer: replied 1 year ago.
How is it legal for online sites to sell Replica Rolex and other replica luxury watches? For an example: Watchmasterdirect.com Or iparadisiac.co?
Expert:  P. Simmons replied 1 year ago.
It is not legal...well...it is likely not legal.

Rolex owns the trademark...so they are the only ones legally allowed to sell the brand.

Now...they could "license" a merchant to sell the replica watches...but I doubt that is the case for the sites you list. More likely they are breaking US law by selling in the US

For example, if you look at watchmaster.com they have contact info of

Address:
WatchMasterDirect
Address 1Telephone: (NNN) NNN-NNNN


I bet they are located outside the US.

And http://www.iparadisiac.co/ is the same...the do not list a US address...I bet they are also located outside the US.

Just because they are doing this, does not make it legal...in fact it is anything but.

Can you do it and get away with it?

Perhaps...go to the swap meet in your local city...you will see folks selling replicas. Copyright enforcement is low on the priority of the DOJ...but just because they are not shutting down folks selling replica watches at the swap meet does not make it legal.




P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26291
Experience: 16 yrs. of trial experience
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