He’s the genuine item, all right

He’s already the most sincere, if not the swiftest, trademark counterfeiting defendant* of 2009, and though it’s only early February it may be hard to top Poynette, Wisconsin’s Vincent Konicek for a certain kind of earnestness and, well, um, some other sort of special quality that you just can’t … replicate:

Whatever.

Whatever.

Rolex … filed a federal lawsuit in Madison Wednesday against Vincent Konicek, accusing him of infringing on the company’s trademarks by selling knockoff Rolexes over the Internet. . . .

It also accused Konicek of violating the federal “cybersquatting” law by using the Rolex name in his Web site, “toprolexreplica.com,” in order to profit from the company’s name.

Konicek said Wednesday that he started selling the fake Rolexes after a trip to China, where they were being sold on the street for $10. Konicek sells his own Chinese-made Rolexes for $99.

The lawsuit states that Rolex found out about the site in October and wrote to Konicek. He faxed back a letter five days later, saying that when they finish “suing all of the following merchants listed on Google search pages, call me and let me know you are going after me next.”

He attached two pages of a Google search that used the terms “Rolex replica.” Rolex concluded that Konicek is “fully aware” that what he is doing is illegal and willful, the lawsuit states.

But Konicek didn’t sound all that certain.

“I didn’t know I was going to run into copyright infringement,” he said. “I guess I’ll have to talk to an attorney and see what I can do.

Well, don’t be hasty or anything, Vincent.  Copyright, trademark, replica, counterfeit, legal, schmegal, whatever.  Talk to an attorney when you have a chance, for sure.  But certainly don’t hesitate to talk to any reporters first.


*Disclosure: Plaintiff here is a some-time LOC client, though not so much in Wisconsin. Lately.

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Author:Ron Coleman

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3 Responses to “He’s the genuine item, all right”

  1. February 5, 2009 at 9:57 am #

    Hi Ron–
    I blogged about this story here a few weeks ago. I couldn’t help but giggle. Talk to a lawyer before he starts up his counterfeiting business? Nope. Talk to a lawyer when he gets a serious cease-and-desist letter? Nope. Talk to a lawyer after he’s sued? Nope.

Trackbacks/Pingbacks

  1. Ron Coleman - February 4, 2009

    LIKELY / CONFUSION He’s the genuine item, all right: He’s already the most sincere.. http://tinyurl.com/bgxqa5

  2. Counterfeit morality - March 23, 2009

    [...] is and you think about the things like this, you notice an amazing level of cognitive dissonance about counterfeiting. Galanes gets this, too, starting his response to the letter writer with, “I don’t get you, [...]

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