Rolex Watch USA has secured a permanent injunction against Atlanta-based jewelry and watch trader Jewelry Unlimited after a court agreed that it was selling modified watches from the company that were advertised as “100% Genuine Pre-Owned” and “100% authentic as made by the manufacturer”.
The injunction was granted three months after Rolex secured a summary judgement at Georgia’s federal court against the dealer in defence of its trademark counterfeiting claims.
Rolex has relentlessly cracked-down on businesses that customize or alter its watches in any way and then advertise them as genuine items that are in some way supported by the brand.
It is permitted to advertise a service to modify a watch on behalf of its owner, although Rolex points out that any tampering with its timepieces invalidates its 5-year warranty.
The case against Jewelry Unlimited has been in and out of courts since 2023, when it was accused of selling modified Rolex watches with replacement dials, different bezels, added diamonds or swapped bracelets as 100% authentic.
Rolex filed its suit accusing the company of counterfeiting, trademark infringement, false advertising, false designation of origin and unfair competition.
In November, the US District Court for the Northern District of Georgia agreed that Jewelry Unlimited’s descriptions and advertising could cause confusion.
Judge Timothy Batten ruled that the dealer’s descriptions of watches on sale were “insufficient and fail to warn a reasonable consumer about the relationship, or lack thereof, between JU and Rolex”.
This week’s permanent injunction shuts down the dealer’s sales of all “counterfeit” Rolex watches.
The court’s definition of counterfeit includes watches that have been modified without Rolex’s authorization and surrender any inventory that violates Rolex’s trademarks.
Jewelry Unlimited is still selling pre-owned Rolex watches today, but they appear to be in their original form and are not being promoted as customized or altered.