Monday, May 14, 2007

Don't Buy Anything.

Here's the set-up: Guy goes to China, buys a bunch of terrible fake watches as souvenirs for family.  Customs confiscates them and later contacts him with a $55,300 fine based on the street value of real Rolexes.

Sounds rough, right?  Especially when you realize that these are terrible, terrible watches that no one would possibly mistake for a Rolex, and the fine is being levied because they "infringe" on the Rolex Trademark.  Secondly, why is the US government assessing this fine at the border, rather than letting Rolex take up the cause if they deem it worthwhile?  And third, why the hell is a consumer being fined for trademark infringement?  Shouldn't it be the manufacturer of vendor that pays the price.  Trademarks are meant to protect consumers from being tricked into believing an imitation product is authentic, not to confer ownership of the mark.  This guy wasn't selling the watches, so there is no consumer to "protect" except maybe the victim of this ridiculousness.

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