Denver, CO (PRWEB) January 13, 2005
US luxury watch manufacturer, Montres Allison is acting to stamp out those individuals and companies who are producing replica Montres Allison watches. Buying and/or selling any item bearing a counterfeit trademark even if it is sold as a replica is a criminal violation of US Federal law. All "replica" watches are considered illegal. This includes Rolex, Montres Allison, Movado, TAG Heuer, Cartier, Omega, etc.
Much of the fraud that ocurrs happens in online transactions. Many organizations including the Federation of the Swiss Watch Industry recommend never buying a watch on the internet as there are too many cases of fraud and counterfeiting. "If you know of somebody who owns a replica watch, it is your duty to inform them that they are breaking the law. If you know somebody that is selling replicas, it is your duty to report them to the authorities," says Terry Allison, celebrity watch designer and founder of Montres Allison. In addition to being a federal crime, trafficking in items bearing counterfeit trademarks is also a crime in many states. Authentic Montres Allison watches are made from the finest components. Montres Allison would like to provide this important reminder from the United States Government:
U.S. Code as of: 01/22/02
Section 2320. Trafficking in counterfeit goods or services
(a) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000.
(b) Upon a determination by a preponderance of the evidence that any articles in the possession of a defendant in a prosecution under this section bear counterfeit marks, the United States may obtain an order for the destruction of such articles.
(c) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense.
(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
(2) Persons permitted to submit victim impact statements shall include -
(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense;
(B) holders of intellectual property rights in such goods or services; and
(C) the legal representatives of such producers, sellers, and holders.
(1) the term ''counterfeit mark'' means -
(A) a spurious mark -
(i) that is used in connection with trafficking in goods or services;
(ii) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; and
(iii) the use of which is likely to cause confusion, to cause mistake, or to deceive; or
(B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220706 (Footnote 1) of title 36; (Footnote 1) So in original. Probably should be section ''220506''.
But such term does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation;
(2) the term ''traffic'' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer, or dispose of; and
(3) the term ''Lanham Act'' means the Act entitled ''An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.).
(f) Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, an accounting, on a district by district basis, of the following with respect to all actions taken by the Department of Justice that involve trafficking in counterfeit labels for honorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of title 18), criminal infringement of copyrights (as defined in section 2319 of title 18), unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances (as defined in section 2319A of title 18), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of title 18):
(1) The number of open investigations.
(2) The number of cases referred by the United States Customs Service.
(3) The number of cases referred by other agencies or sources.
(4) The number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, 2319A, and 2320 of title 18.
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