Report: #1420262

Complaint Review: ebay seller name: ablume007 from Myrtle Beach, SC USA

  • Submitted: Sun, December 31, 2017
  • Updated: Sun, December 31, 2017
  • Reported By: fakewatchbusta — Denver Colorado United States
  • ebay seller name: ablume007 from Myrtle Beach, SC USA

    Myrtle Beach, South Carolina
    United States

Show customers why they should trust your business over your competitors...

Is this
Ripoff Report
About you?
Ripoff Report
A business' first
line of defense
on the Internet.
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..

ablume007 on ebay is selling a fake Rolex Daytona on ebay.  This is a Federal Felony.

Selling replica watches is a Federal Crime and is also a State level Crime in most states.

People like ablume007 are stealing sales from reputable watch brands that sell items at similar price points.  They are also stealing sales from higher end brands that a buyer could afford if the buyer only had the option of purchasing a more expensive genuine product.  Also, many watch stores offer financing programs that could allow a buyer without enough cash to spread the payments out over terms that are acceptable.

These fake watches also hurt reputable brands.  When someone is wearing a low quality fake p.o.s., others who look at that watch are likely to believe that the genuine article being emulated is nothing special and not worth the high dollar amount (relatively speaking) that is commanded by the genuine version of the watch. [continued below]....

.....

So...

1.  Brands like Seiko, Citizen, and Bulova are being damaged.

2.  Brands like Movado, TAG Heuer, and Omega are being damaged.

3.  Rolex is definitely being damaged.

People like ablume007 need to be exposed and prosecuted by Federal and State governments.  Sales of fake watches is an epidemic, and it has been proven that many counterfeiters of watches are taking part in other Criminal activities.

Trademark Counterfeiting is illegal.  Even if you sell the watch as a replica or a fake, it is still illegal.

Run far away from ablume007.  Who knows what other illegal activities this seller is engaged in.

Here is the Law in South Carolina which shows that ablume007 is committing a serious Felony:

2012 South Carolina Code of Laws
Title 39 - Trade and Commerce
Chapter 15 - LABELS AND TRADEMARKS
Section 39-15-1190 - Sale of goods or services with counterfeit mark; production or reproduction of counterfeit mark; penalties.

Universal Citation: SC Code § 39-15-1190 (2012)


(A) For purposes of this section: 

(1) "Counterfeit mark" means a mark that is: 

(a) identical to, or substantially indistinguishable from, a registered mark or unregistered mark; 

(b) used in connection with the sale or offering for sale of goods or services that are identical to, or substantially indistinguishable from, the goods or services with which the registered or unregistered mark is identified; 

(c) likely to cause confusion, mistake, or deception if used; and 

(d) not authorized by the owner of the registered or unregistered mark. 

(2) "Registered mark" means a mark that is registered on the principal register of the United States Patent and Trademark Office or with the South Carolina Secretary of State. 

(3) "Retail sales value" means the value computed by multiplying the number of items having a counterfeit mark used on them or in connection with them by the retail price at which a similar item having a mark used on it or in connection with it, the use of which is authorized by the owner, is offered for sale to the public. 

(4) "Unregistered mark" means a symbol, sign, emblem, insignia, trademark, trade name, or word protected by the federal Amateur Sports Act of 1978, Title 36 U.S.C. Section 380. 

(B)(1) It is unlawful for a person knowingly and wilfully to transport, transfer, distribute, sell, or otherwise dispose of, or to possess with intent to transfer, transport, distribute, sell, or otherwise dispose of, an item having a counterfeit mark on it or in connection with it. 

(a) A person who knowingly and wilfully violates this subsection with respect to goods or services having a retail sales value of less than fifty thousand dollars is guilty of the offense of distribution of counterfeit marks and, upon conviction, must be punished as follows: 

(i) if the goods or services have a retail sales value of two thousand dollars or less, the person is guilty of a misdemeanor and must be fined not more than one thousand dollars or imprisoned not more than one year, or both; 

(ii) if the goods or services have a retail sales value of more than two thousand dollars but less than ten thousand dollars, the person is guilty of a felony and must be fined not more than ten thousand dollars or imprisoned not more than three years, or both; 

(iii) if the goods or services have a retail sales value of ten thousand dollars or more, but less than fifty thousand dollars, the person is guilty of a felony and must be fined not more than twenty thousand dollars or imprisoned not more than five years, or both; 

(iv) for a second or subsequent conviction of the offenses described in subitem (a), without regard to the retail sales value of the goods or services, the person is guilty of a felony and must be fined not less than one thousand dollars or more than fifty thousand dollars or imprisoned not more than ten years, or both. 

(b) A person who knowingly and wilfully violates the provisions of this subsection with respect to goods or services having a retail sales value of fifty thousand dollars or more is guilty of the offense of trafficking in counterfeit marks. A person who knowingly and wilfully commits the offense of trafficking as described in this subitem is guilty of a felony and, upon conviction, must be punished as follows: 

(i) for a first offense, fined not less than ten thousand dollars or more than twenty-five thousand dollars or imprisoned not more than five years, or both; 

(ii) for a second or subsequent offense, fined not less than twenty thousand dollars or more than fifty thousand dollars or imprisoned not more than ten years, or both. 

(2) The possession, custody, or control of more than twenty-five items having a counterfeit mark used on them or in connection with them is prima facie evidence of a violation of this section. 

(C) A person who knowingly and wilfully uses any object, tool, machine, or other device to produce or reproduce a counterfeit mark or knowingly and wilfully has possession, custody, or control of any object, tool, machine, or device with intent to produce or reproduce a counterfeit mark is guilty of producing or reproducing counterfeit marks and, upon conviction, must be punished as provided in subsection (B). 

(D) Personal property, including any item, object, tool, machine, or device of any kind, employed as an instrumentality in the commission of or in aiding or abetting in the commission of a violation of subsection (B) or (C), is considered contraband and is subject to seizure and forfeiture in the same manner as other property used in the commission of specified criminal offenses as provided by law. 

(E) For purposes of enforcing this section, investigators in the office of the Secretary of State have statewide jurisdiction. These investigators may conduct investigations independently or may assist local law enforcement agencies in their investigations and may initiate and carry out, in coordination with local law enforcement agencies, investigations of violations of this section. 

(F) The Secretary of State may refer available evidence concerning violations of this section to the appropriate solicitor who may, with or without the reference, institute the appropriate criminal proceedings. 

(G) The Secretary of State also may refer available evidence concerning violations of this section to the Department of Revenue for purposes of determining the obligations of the violators of this section pursuant to state income and other taxation laws. 

(H) The provisions of this section do not apply to persons who own, rent, or manage premises occupied by retailers unless that person had actual knowledge or actively participated in a violation of this section. 

HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994; 2006 Act No. 348, Section 1, eff June 12, 2006.

This report was posted on Ripoff Report on 12/31/2017 09:07 PM and is a permanent record located here: https://www.ripoffreport.com/reports/ebay-seller-name-ablume007-from-myrtle-beach-sc-usa/myrtle-beach-south-carolina/ebay-seller-name-ablume007-from-myrtle-beach-sc-usa-ablume007-is-selling-a-counterfei-1420262. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Report & Rebuttal
Respond to this report!
Also a victim?
Repair Your Reputation!

Updates & Rebuttals

REBUTTALS & REPLIES:
4Author
2Consumer
0Employee/Owner

#1 Author of original report

Why don't you google fakewatchbusta or go to fakewatchbusta.com and tell me

AUTHOR: fakewatchbusta - (United States)

If you think I have a personal vendetta against this individual or am waging war against the criminal enterprise of trafficking it watches bearing counterfeit trademarks.

Respond to this report!

#2 Consumer Comment

Yes

AUTHOR: Robert - (United States)

Of course I read it. Of course I know in certain circumstances people could get sued or arrested. But YOU failed to answer anything I posted. I am not defending this person or Ebay, nor am I saying they are doing anything illegal because I am not a court of law and I do not know all of the circumstances.

But you failed to answer anything asked. Are you some random person who has taken up the defense of major international corporations your mission in life. Unlikely.  So as I stated I bet the whole story here is very interesting and would explain quite a bit.

Respond to this report!

#3 Author of original report

Did you even read the article?

AUTHOR: fakewatchbusta - (United States)

Robert...   Even if the seller states that it is a replica, it is still a Crime.  It is a Federal Felony and a State Felony.  He can be prosecuted by the Feds, local Law Enforcement, and sued by the Trademark Registrant (GAF Gibney, Anthony, & Flaherty is the law firm that represents Rolex) for violations of the Lanham Act.  People get arrested for this all the time. #stingoperations #undercoverbuys  #lockedup

Respond to this report!

#4 Consumer Comment

So

AUTHOR: Robert - (United States)

I didn't know that Rolex or law enforcement agencies started to resort to posting "RipOff" reports. Oh you are not with Rolex or any law enforcement agency..Umm..

So how about calling Rolex about this person? Since per your claims they are the ones being "harmed" they are the ones who need to go after this person. If you have and they don't care...why would you? Do you have stock in Rolex?  Perhaps you have some personal vendetta against this seller. 

By the way the image you posted does not indicate they are trying to make you believe you are buying a real Rolex. They use terms such as "replica", perhaps you don't know what that means and thought you were buying a  real Rolex for $160 at the "Buy it now" price.  Perhaps you are one of these people you say are being fooled.

I bet the whole story is very interesting..

Respond to this report!

#5 Author of original report

Original link was truncated. Full link below.

AUTHOR: fakewatchbusta - (United States)

The link to the listing got truncated:  Here is the link to this fake Rolex Daytona:  https:// rover . ebay . com / rover /  1 / 711-53200-19255-0/1?icep_id=114&ipn=icep&toolid=20004&campid=5337924197&mpre=https%3A%2F%2Fwww.ebay.com%2Fitm%2FGrade-AAA-ROLEX-replica-uncomparable-with-original-Cant-tell-difference-No-box%2F232615076372%3Fhash%3Ditem3628f06214%3Ag%3AxC8AAOSwi5RaSRQO

Respond to this report!

#6 Author of original report

Link to this fake Rolex Daytona got truncated. Full link below.

AUTHOR: fakewatchbusta - (United States)

rover.ebay.com/rover/1/711-53200-19255-0/1?icep_id=114&ipn=icep&toolid=20004&campid=5337924197&mpre=https%3A%2F%2Fwww.ebay.com%2Fitm%2FGrade-AAA-ROLEX-replica-uncomparable-with-original-Cant-tell-difference-No-box%2F232615076372%3Fhash%3Ditem3628f06214%3Ag%3AxC8AAOSwi5RaSRQO

Respond to this report!
Ripoff Report Recommends
ZipBooks Accounting Software

Advertisers above have met our
strict standards for business conduct.