[Thomas Carey]

Chris Aire files 'Red Gold' lawsuit vs. top watch brands.

The watch brands named in the lawsuit are: Rolex; LVMH Moët Hennessy Louis Vuitton on behalf of Hublot and Louis Vuitton; Breitling; Richemont International SA on behalf of Baume & Mercier, International Watch Company and Montblanc; Ulysse Nardin Inc.; Montres Corum Sàrl; The Swatch Group on behalf of Blancpain and Omega; Franck Muller; Chopard; Makur Design Inc.; Graham-London; Kobold Watch Company LLC; Piere Kunz USA Inc.; Ebel and Bulgari on behalf of Gerald Genta, as well as a number of yet-unidentified defendants.

Aire files 'Red Gold' lawsuit vs. top watch brands | National Jeweler

Gee is it me or does this seem like a hack is on the attack?

 

[Exxile20]

Seems like he developed and properly registered a unique product, and he believes other companies used what he developed to profit. In regards to the validity of his argument, I can not comment.

I'm interested in the outcome. It this does hold water, then I have two pieces that were already limited production that may go up in value if the manufacturing is halted.

 

[KnowledgeIsPower]

interesting..... wonder how this will turn out

 

[TheShuke]

sounds kind of ludacris. i believe all the other manufacturers would need to do is prove that the formula they used for rose or red gold was not the same molecularly.

 

[thefinest]

im going to follow this, pretty intense

 

[jeff_creech]

Yea, I'm not sure how it all works. IP law is a complicated thing. I always thought trademark infringement meant that the alleged infringer was attempting to deceive consumers into buying their product by appearing to look like another product. For example, I know Kraft's trademark includes the blue they use on their mac and cheese packaging. If any other mac and cheese company used a similar blue in their packaging, than Kraft may have a case for trademark infringement because the other company is using the blue as a means to deceive the consumer.

I see how this case is similar to the Kraft example above, but the purchase of a watch is certainly a higher involvement purchase than a box of mac and cheese. I dont think anybody purchasing a Rolex or a Ulysse Nardin, thought they were actually buying a Solid 21 piece of jewelry.

Seems like he would have a better case if he actually copyrighted the molecular structure of his new gold alloy and these watch brands were using that same alloy in the manufacturing of their watches.

 

[DoDriven]

Seems like he developed and properly registered a unique product, and he believes other companies used what he developed to profit. In regards to the validity of his argument, I can not comment.

Stay tuned for possible settlement.

 

[kitchen415]

Not gonna happen - having studied IP law, i'm gonna go ahead an posit that the term "red gold" is in such general usage as to not be copyrightable....

but we shall see, and again, I know no more than this article states...

keep us updated!

 

[lifeoftheparty.]

Not gonna happen - having studied IP law, i'm gonna go ahead an posit that the term "red gold" is in such general usage as to not be copyrightable....

but we shall see, and again, I know no more than this article states...

keep us updated!

But isn't he claiming it's become commonplace now, after he trademarked it?

 

[curt]

This is a trademark case, not a patent case or a copyright case. The company has a registered trademark that is live on the principal register (SN76434708), so he's got a valid claim.

With respect to "having studied IP law, i'm gonna go ahead an posit that the term "red gold" is in such general usage as to not be copyrightable...." you're just wrong, evidenced by not understanding the fundamental difference between what a copyright is and what a trademark is. I think you meant to say that you believed "red gold" to be merely descriptive, which is one reason a trademark examiner can reject the application, but that inquiry has passed, since the applicant prevailed and had the mark registered. Or you may have meant that defendants will claim the term "red gold" has become generic, which is one reason to invalidate the registration. There, the theory is that the term "red gold" no longer performs the essential trademark function by serving as an indication of a source of origin for goods in the class specified by the applicant. That is much more of an uphill battle for a defendant.

 

[Thomas Carey]

This is a trademark case, not a patent case or a copyright case. The company has a registered trademark that is live on the principal register (SN76434708), so he's got a valid claim.

With respect to "having studied IP law, i'm gonna go ahead an posit that the term "red gold" is in such general usage as to not be copyrightable...." you're just wrong, evidenced by not understanding the fundamental difference between what a copyright is and what a trademark is. I think you meant to say that you believed "red gold" to be merely descriptive, which is one reason a trademark examiner can reject the application, but that inquiry has passed, since the applicant prevailed and had the mark registered. Or you may have meant that defendants will claim the term "red gold" has become generic, which is one reason to invalidate the registration. There, the theory is that the term "red gold" no longer performs the essential trademark function by serving as an indication of a source of origin for goods in the class specified by the applicant. That is much more of an uphill battle for a defendant.

I totally agree and think the brands like Rolex will eat em up in court. =)

 

[Chronometer]

Gee no one is buying their red gold so why not sue the companies with some money. Douche bags.

I just trademarked Blue Gold, Green Gold, Platinum Gold, and Purple Gold. Naa naa whaa whaa. I tried Black Gold but the coal industry has that one already. LOL

 

[ndnbill]

RG?

this is interesting. I likely have not paid enough attention, but I don't think I have seen "red gold" advertised by those companies. Rose Gold and "everose"( for rolex) sure, but not "red Gold".

Without and sometimes even with seeing the pleadings it is impossible to tell exactly what the legal issues are, but the article leaves a lot of unanswered questions. I got the impression he thinks the color of gold the defendants are selling is infringing on his IP as well. Should be fun and some attys. should get lots and lots of billable hours on this one.

 

[DialM]

Did somebody say "Red Gold?"

 

[H34D SH01]

Did somebody say "Red Gold?"

MY EYES!!!
On a serious note, that car has 5 KG of gold in it and a few hundred rubies...can someone say WASTE of money?

 

[ndnbill]

looks like another infringer is on the loose.

 

[RaCinStylez]

I doubt it will go to court. Someone is going to settle before it goes into court