zOwie Omega Discussion Forum

I think I found JoeK's answer on the Rolex/US Customs issue. As I understand it, if a US and foreign trademark owner is the same, or under related control, then items produced or sold overseas may be legally imported into the US. Otherwise, even authorized merchandise can be restricted from entering the country.

Rolex's unique ownership structure (it is owned by a Swiss charitable trust) has been ruled by the Courts to be unrelated to Rolex USA, the US trademark owner. Therefore, the US government is required to restrict import of all Rolex watches sold outside the USA.

Remember that any merchandise sold outside the US is considered "grey", even if it sold by a foreign AD, unless one has permission by the US trademark owner to legally import.

My understanding is that Rolex has given written consent to the US Government allowing the hand-carrying import of one Rolex per person through US Customs. I also understand that such permission doesn't apply to the USPS, or private couriers (UPS, DHL, etc.). I'm still researching that one.

Oddly enough, Rolex's test case for this policy was versus Wal-Mart. Yes, that Wal-Mart. I've posted a link at the bottom of this post to an article from Hawaii Business magazine that discusses this issue. I hope it works.

Now on to the subject at hand. I'm in agreement with Sam's points. By our shared professional designation we are trained to use "couching" language to avoid direct and definitive statements whenever possible.

However, I'm inclined to cut some slack on occasion to those who fail to use this type of language. For one thing, they are bound to get corrected by someone who knows that exception to the general rule. I know this, because it's happened to me on more than one occasion. That's how we learn.

For another, most forum software is rather unforgiving in that once something is posted, you can't take it back, or edit the post in any way. Once it's there, your mistake is exposed for all to see. That's happened to me, too.

I also believe in forgiveness, once something is done, say your piece and leave it be. Or gently correct via private correspondence.

I appreciate the talents that everyone in the online community brings to the table. My hope is that we all are able to gather enough information in our interest and the skills to help determine what is and isn't real.

Take care all,
gatorcpa