Originally Posted by
markrlondon
Disregarding the scenario if the watch was genuine but stolen, do you really think Rolex St. James would keep the watch if they thought it was a fake? Have you personally seen this with your own eyes? Not a friend seeing it, not a friend of a friend seeing, not a colleague seeing it, but you personally. It is worth bearing in mind that in the UK such an act would not be legally defensible as far as I have been able to ascertain (not even for Rolex), even though it might not necessarily be a criminal act either.
Yes, yes, I know, this has been debated over and over again but Rolex (or any other manufacturer) really does not have any legal right whatsoever in the UK to retain your property, regardless of whether or not they allege it to be a fake, unless you agreed to such terms before handing it over.
If they do retain it without your permission then you have, at the very least, a right to sue them for its return or its value (which in reality can be considerable even for a watch that is a fake because of its intrinsic functionality and materials). If they intend to deprive you of it permanently and you did not agree before handing it over that they could retain it if they so chose then I am told this may be theft (yes, even if they allege it to be a fake). The issue to remember is that the allegation of misuse of their intellectual property is separate to the question of ownership of the specific item of property.
Fakes are only legally destroyed or seized by the proper authorities and/or by court order. These do not apply to Rolex on their say-so alone.
I can only presume that if Rolex St. James found that someone had handed over what was in their opinion a fake then they would simply hand it back and state that opinion (unless, that is, they require people to agree to a particular contract specifying that goods may be retained before looking at anyone's watches).