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USA: Modified watches as counterfeit products
UNITED STATES: Modified watches are counterfeit products
The U.S. District Court for the Southern District of New York decided on 27 September 2007 (05-civ.-6615, CARTIER vs. Aaron Faber) that modified CARTIER watches are counterfeit products.
The U.S. District Court for the Southern District of New York decided on 27 September 2007 (05-civ.-6615, CARTIER vs. Aaron Faber) that modified CARTIER watches are counterfeit products.
Faber fixes diamonds or other jewels on first-class watches, including “CARTIER”-watches. Faber then sells the watches or offers them for sale on consignment to auction houses. The original trademark remains on the modified watches, without indicating that the watches have been modified by Faber.
According to the Court, a product is counterfeit if it shows the original trademark that is likely to mislead the public as to its source of origin. The Court found that the public being confronted with the modified watches would believe that these watches and its jewels are attributable to CARTIER.
In the present case, some of the modified watches looked like more expensive CARTIER watches, others did not resemble to the CARTIER collection, but even in those case the Court found that Faber deceived the public when not disclosing the modifications.