Confessions of a former watch flipper by GQ.

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I guess my statement was more in line with the original topic of this thread instead of the modification of watches, but if Rolex sued a few flippers, maybe the practice wouldn't be as lucrative any more...

I don't think Rolex minds individual flippers all that much, to be honest. Here is Paragraph 29 of the complaint:

29. Rolex Watches are known to retain and/or increase in value, and the purchase of a pre-owned/vintage Rolex Watch is highly regarded in the watch industry as a smart and reliable investment.

You don't need to be Noam Chomsky to get the subtext.

But they do mind not making a buck off modifications:

51. Defendants have been unjustly enriched by illegally using and misappropriating Rolex’s intellectual property for their own financial gain. Furthermore, Defendants have unfairly benefited and profited from Rolex’s outstanding reputation for high quality products and its significant advertising and promotion of Rolex Watches and the Rolex Registered Trademarks.
 
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Unfortunately you are right. People who have been arguing on behalf of Rolex's position don't seem to understand the wider implications. I've had people argue that as an individual, you can mod your own watch and Rolex doesn't care. Well I guess if you consider them classifying your watch a counterfeit not caring, they are right. 🙄

Although people often consider watch blogs to be giving people industry news, they are mostly extensions of the brand's marketing departments. There are some actual industry publications out there, but these are not geared towards consumers, and they are very different from Hodonkey, ABTW, Fratello, etc.

Exactly. I don't fault Rolex cs. for p̶a̶y̶i̶n̶g̶ ̶c̶o̶n̶s̶u̶l̶t̶a̶n̶t̶s̶ ̶l̶i̶k̶e̶ ̶M̶c̶K̶i̶n̶s̶e̶y̶ ̶m̶i̶l̶l̶i̶o̶n̶s̶ ̶t̶o̶ ̶t̶o̶ ̶d̶e̶v̶e̶l̶o̶p̶ ̶a̶ ̶s̶t̶r̶a̶t̶e̶g̶y̶ ̶developing a strategy to squeeze as much dough as possible out of the market. Come to think of it, it even surprises me they haven't thought about monetizing the second-hand market earlier. What I don't accept is folks buying into the marketing smoke screen that Rolex throws at them—and defend it vigorously without realizing they're being played. The implications of Rolex' reasoning becoming precedent are significant: a final sale would become more of a temporary and conditional license. Insanity.
 
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That's for the tip.

I need to finish up work for the day, I am taking tomorrow off. I'll set up and account on post a link to the complaint tonight.
You don't even need an account there I think.
Would be interesting to read.
 
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I second that—thanks for helping us not pay Pacer disproportionate amounts of money to basically access public information. After having read this post on the Fashion Law Blog, I think we might need to transfer this discussion to a different thread, though. Rolex v. Reference Watch is purely about trademark infringement, and it seems not at all about resale restrictions.
 
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Come to think of it, it even surprises me they haven't thought about monetizing the second-hand market earlier. What I don't accept is folks buying into the marketing smoke screen that Rolex throws at them—and defend it vigorously without realizing they're being played.
Some of the comparisons to Mercedes break down (no pun intended), in my opinion, because Mercedes will buy your car back from you and resell it to someone else as "certified pre-owned." Tourneau (and other retailers, I'm sure) will do this with watches, but that's not the same thing as Rolex doing it themselves.
 
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I second that—thanks for helping us not pay Pacer disproportionate amounts of money to basically access public information. After having read this post on the Fashion Law Blog, I think we might need to transfer this discussion to a different thread, though. Rolex v. Reference Watch is purely about trademark infringement, and it seems not at all about resale restrictions.

But the claim that a modded watch is a counterfeit, if upheld, could have repercussions down the road, and not just for watches.

To be honest, I doubt it will get that far. Don't see these defendants as having the war chest to survive what looks like to be a very aggressive Rolex. My guess it that they will settle and cease, or settle and enter into a licensing agreement.
 
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But the claim that a modded watch is a counterfeit, if upheld, could have repercussions down the road, and not just for watches.

To be honest, I doubt it will get that far. Don't see these defendants as having the war chest to survive what looks like to be a very aggressive Rolex. My guess it that they will settle and cease, or settle and enter into a licensing agreement.

I’d have to read the complaint in full, but my impression so far is that Rolex states that to them every modded watch is a counterfeit—and that they therefore refuse to service it. Then, they argue that because of quality issues that come with modding, it tarnishes their trademark. I’m not sure if the argument whether or not a modded watch is a counterfeit is contested legally.

And yes, odds favor a settlement. If Rolex is smart they’ll acquire La Californienne, but they’re probably too conservative for that.
 
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I’d have to read the complaint in full, but my impression so far is that Rolex states that to them every modded watch is a counterfeit—and that they therefore refuse to service it.

I don't quite understand their thinking here. Why not just agree to service under the auspices that whatever modifications were made would have to be returned to original spec...despite how expensive that would be.
 
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Not watch related, but have someone mention that Apple had the same approach on aftermarket parts and service (apple was claiming that all aftermarket parts are counterfeit, but Norwegian court ruled out: if parts don't stamped by Apple logo, they are not counterfeit but aftermarket. And no Norwegian laws could prevent users from putting aftermarket parts on electronics)....I know they lost to the guy who owns a repair shop in Norway.
Members from Norway could correct me,if I missed something.
 
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I think that it is just terrible how these big companies (Patek, Rolex) are treating their customers. If you are paying these insane amounts of money to get a watch, you are free to do what ever you want with the watch. People are actually writing articles to say that they are sorry for selling their watches!?!?! The way how Patek&Rolex are trying to control their customers is just out of this world in a bad way. I know that Rolex is actually monitoring from Switzerland what people are doing to their watches in Finland! Crazy. I love both brands but their way of treating their customers like criminals is actually affecting the brand experience. Thumbs down!
 
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I don't quite understand their thinking here. Why not just agree to service under the auspices that whatever modifications were made would have to be returned to original spec...despite how expensive that would be.
Well, the buck has to stop somewhere. As a buyer, you have a certain responsibility to treat a product well after purchase—you can’t apply for company warranty after having behaved reckless with the product. Now what constitutes reckless is a matter for debate, but tampering with a watch and changing out parts seems a pretty textbook case to me of a producer justifiably not accepting for repair under warranty. Outside of warranty: you break it you buy it.
 
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Well, the buck has to stop somewhere. As a buyer, you have a certain responsibility to treat a product well after purchase—you can’t apply for company warranty after having behaved reckless with the product. Now what constitutes reckless is a matter for debate, but tampering with a watch and changing out parts seems a pretty textbook case to me of a producer justifiably not accepting for repair under warranty. Outside of warranty: you break it you buy it.
think there may be some confusion. not sure the post you replied to was indicating a service under warranty just a paid service. once you have modified the watch the warranty is null and void anyway
 
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think there may be some confusion. not sure the post you replied to was indicating a service under warranty just a paid service. once you have modified the watch the warranty is null and void anyway
You're right—my bad. At the very least Rolex is being a little picky on which of their watches they service or restore. I remember them having no problems restoring a completely burned down 5513 that supposedly was owned by Steve McQueen...
 
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You're right—my bad. At the very least Rolex is being a little picky on which of their watches they service or restore. I remember them having no problems restoring a completely burned down 5513 that supposedly was owned by Steve McQueen...

In the article a watch was refused paid service due to it being "counterfeit" in Rolex's view:

"Focusing specifically on the fact that at least one laCalifornienne client sent his/her watch to an authorized Rolex dealer for service in October (Rolex refused the watch because company policy prohibits it from “servicing [altered] watches because it cannot guarantee [their] quality or performance”)"

In comparison, if Omega gets an altered watch in, they will offer to restore it back to it's original state if the owner is willing to pay. If the owner refuses to pay, only then will Omega refuse the service.
 
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In comparison, if Omega gets an altered watch in, they will offer to restore it back to it's original state if the owner is willing to pay. If the owner refuses to pay, only then will Omega refuse the service.
EXACTLY. Isn't that the grown-up thing to do? If I choose to mod the living daylight out of my Rolex, and then pay Rolex to completely restore it to original—why would they take issue with that? It's just so profoundly snobbish (and childish...)
 
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I know that Rolex is actually monitoring from Switzerland what people are doing to their watches in Finland!

Yes...I heard about the tiny cameras they have installed in their watches to do this, but now I'm going to move since they will be after me...
 
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At what point does a watch cease to be a flip?. Is there a do not sell before date to avoid this epithet. I just sold a watch for three times what I paid for it. I got the watch very cheap, due to a really bad listing and even worse pictures. I took a risk. I had the watch for three plus years and only wore a handful of times because it was smaller than I thought it would be.
I think it qualifies for a FLIP, but did I show poor decorum in profiting? I don't think so. I priced it according to what my research told me it was worth on the open market.

three years later is not a flip. Flipping implies it was sold shortly after purchase
 
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So if I’m famous, buy a Rolex and engrave my name on it and sell it for profit, am I in violation of the Rolex Empire
 
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You can’t punish flippers bc it’s impossible to draw the line between reselling something in a day, a week, a month, a year, or years+ if the end result yields more money than originally paid.
Can one not resell their own property? Do many people not consider watches as investments?
It is 100% the brands fault for falling so far on demand.
I love the 5167. But if a dealer sourced one for me tomorrow and I could make a quick 10k it would be irresponsible of me NOT to flip it. I’m not a multi millionaire.