Rolex battles counterfeiter in TM suit

28-11-2016

Rolex battles counterfeiter in TM suit

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Watchmaker Rolex has set its sights on an online counterfeiter in a trademark infringement claim.

The suit was filed at the US District Court for the Southern District of New York on Wednesday, November 23.

According to the claim, www.thereplicawatchshop.com has sold watches infringing the Rolex registered trademarks.

Rolex has a large portfolio of trademarks, including the marks ‘Rolex’, ‘Oyster’ and ‘Explorer’.

“Rolex has developed an outstanding reputation because of the uniform high quality of Rolex watches and the Rolex registered trademarks are distinctive marks used to identify these high quality products originating with Rolex,” said the suit.

In August this year, Rolex said it discovered counterfeit listings on an online sales platform, where the defendant had provided a link to its profile page and directed customers to the website “for better replica watch prices”.

The website also has a listing for Rolex boxes and advertises watches on Facebook, under the name “Homage Watches”, according to the suit.

It claimed that the website owners had “intentionally, maliciously and wilfully sold…watches bearing counterfeits of one or more of the Rolex registered trademarks, despite knowledge that such sales were illegal”.

The watchmaker added that the counterfeits have caused irreparable harm and damages and that the websites adverts have caused Rolex “severe injury”.

Rolex is seeking injunctive relief, statutory damages, triple damage and/or profits, compensatory damages, fees and costs for counterfeiting. 

A spokesperson for Rolex declined to comment. 

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WIPR