What Constitutes a Counterfeit?
The regulation has a definition for that and Rolex does, too. Looking beyond the typical collection of variables set out by the Lanham Act, which specifies an imitation good as one that bears a “spurious mark equals with, or considerably indistinguishable from, a signed-up hallmark” that is utilized on the same kinds of products like the ones for which the mark is registered, Rolex has something of a well-known take of its own.
Rolex’s system of comparing genuine as well as counterfeit brand watch [นาฬิกาแบรนด์ก๊อป, which is the term in Thai] is an interesting one, and in at least one respect, it is fairly unique. The 114-year-old Swiss watch manufacturer checks out the origin of a Rolex trademark-bearing watch in order to determine its credibility, considering that wristwatches produced by unapproved third parties that use Rolex’s trademark-protected name and/or crown logo design are outright fakes. The same opts for Hermès-branded bags made by parties apart from Hermès, or Cartier trademark-bearing precious jewelry not made by, or otherwise licensed by, the famous precious jewelry company.
But Rolex, unlike the majority of various other companies, goes an action additionally: it takes a look at licensed watches that have come from its extremely own workshops, as well as takes into consideration whether any kind of modifications has been made to the initial components of authentic Rolex timepieces that would influence their visual and/or their capability. If modifications have been made, a completely authentic watch becomes a fake in the firm’s eyes.
Basically: Rolex considers the change of its wristwatches to consist of non-authentic Rolex components or parts that are not accepted by Rolex, to change an authentic watch into a counterfeit.
This at-times questionable policy, which does not appear to fit neatly within the most typical interpretation of a fake as stated by the federal law that regulates hallmarks, as well as the does not mirror making use of the term “imitation” by most other brand names is not without a factor from Rolex. The company has long held that switching its authentic watch components for non-Rolex components “makes the warranty, on its watches, null and void,” in huge component since the switching of components makes it so that “Rolex can no longer assure the quality or performance of such watches.”
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