THE
PERILS OF
COUNTERFEIT
WATCHES
Counterfeiting is the act of
making or selling lookalike
goods or services bearing
fake trademarks.
BY ADAM HARRIS
RECENTLY, I TRAVELED FROM SPAIN
TO THE UNITED STATES CARRYING
THE TOOLS I NEED TO CONDUCT
MY “LUXURY OR LIE?” SEMINAR/
COURSE. THIS IS A TRIP I’VE MADE AT
LEAST TWICE A YEAR FOR PAST TWO
YEARS, MOST RECENTLY FOR THE
NATIONAL ASSOCIATION OF WATCH
AND CLOCK COLLECTORS.
REACHING BORDER CONTROL AND
CHALLENGED ABOUT THE FEATHER
IN MY “VINTAGE” (1960) STETSON
HAT, ON INFORMING THE BORDER
CONTROL AGENT, THAT IT WAS A
PEACOCK FEATHER, I WAS MARCHED
OFF, AND SPENT THE NEXT 45 MIN-
UTES HAVING THIS ENDANGERED
FEATHER SEIZED!
Not content to that, the agent then searched
my bags, finding my genuine Rolex that I was
wearing – and my bag of counterfeit watches.
No amount of explaining would help convince
them that these pieces were my own, not for
resale BUT indeed to teach others the perils of
buying counterfeit.
Three-and-a-half hours later, my genuine
Rolexes and Breitlings were seized, as were 28
counterfeit watches. They could not tell the
difference between a genuine or a fake.
The fact is slightly confusing. Some law-
yers imply it is legal to enter United States
with one counterfeit piece, as long as it’s not
for resale. But Border Control agents do not
always admit this, so you enter at your own
peril. That said, I doubt any Border Control
agent could tell if the watch you are wearing
was made by Rolex or by someone in China.
So what started with a peacock feather
lead to a $2,100 import duty for my genuine
watches and 28 counterfeit watches seized.
The good news is three days later I got a call
from Border Control asking me to collect the
“peacock” feather. They had NO idea why it
was seized! Go figure.
Counterfeiting is a form of trademark
infringement. It’s the act of making or sell-
ing lookalike goods or services bearing fake
trademarks. For example, a business delib-
erately duplicating the Rolex trademark on
watches is guilty of counterfeiting.
By copying (stealing) a luxury item’s
trade mark, the counterfeiter’s primary pur-
pose is to confuse or dupe consumers. It’s
still counterfeiting even when the people
buying and selling the merchandise are
aware that it isn’t from the real source. That’s
because even when a buyer knows that the
product is a fake, the product can still be
used to deceive others.
So what exactly are all the “perils” of
counterfeit watches? We all know as a seller
it is highly illegal. Certain seizures earn fines
and possibly imprisonment for selling coun-
terfeit items.
And it’s not just the manufacturer that is
liable. An offer to sell counterfeit products
can also trigger counterfeiting liability. Proof
of actual production or sale of watches is not
necessary to prove counterfeiting.
Selling “counterfeit” or “replica” (same
thing, different word) items is surely illegal
and fraught with costly pitfalls, however buy-
ing and owning counterfeit items, also has
its dangers.
Although my discussions are about wrist-
watches, it is safe to say that I’m also refer-
ring to all trademark or counterfeit items. But
I will leave handbags, clothes and shoes for
others to discuss.
DEFINITIONS
First, let’s define what constitutes counterfeit-
ing. Basically a trademark is a word, name,
slogan, or symbol businesses use in order to
distinguish their goods or services from those
of others. By registering a trademark, busi-
nesses can prevent others from using their
name, image, or catch-phrase to sell products.
Look-a-like or homage watches that
do not bear the symbol or trademark
of another company, cannot be termed
SUMMER 2017 | INTERNATIONAL WATCH | 167