Julien Duguay, founder of Quebec jeweler Bijoux Medusa, said in a Facebook post last week he will “vigorously contest” a lawsuit filed by Rolex. Rolex accuses him of selling counterfeit watches because they were modified with aftermarket diamonds and other precious stones. The case is important because it could set a precedent for Canada’s market.
At issue is whether a Rolex is still a Rolex if the movement and case are from the brand, but the bezel has been replaced with a diamond-studded one not made by Rolex. Courts in the U.S., Switzerland and France have generally sided with Rolex when businesses sell modified watches, while allowing customers to have their own watches personalized, a distinction reported by Coronet. In an interesting twist, a U.S. appeals court has ruled that adding diamonds to genuine dials without removing or reapplying Rolex trademarks does not constitute trademark infringement.
Mr. Duguay argues that Rolex is seeking to “control and dominate” the pre-owned Rolex market. He said the lawsuit, coming as Bijoux Medusa prepares to open a Montreal boutique near official Rolex retailers, is “an attempt to intimidate a local Canadian business.”
The lawsuit against Mr. Duguay is the latest sign Rolex is building legal precedent around the world, one case at a time, redefining what makes a counterfeit watch. Bamford, Artisans de Genève, MAD Paris, Blaken, La Californienne, as well as dealers in Texas and Georgia have faced similar pressure from the brand. Canada has little case law on the issue, making the Bijoux Medusa an important one for Rolex.