Earlier this week, a U.S. watchmaker, Solid 21, filed a lawsuit in the U.S. District Court for the District of Connecticut against Breitling, a Swiss competitor over trademark infringement.
Solid 21 alleges that Breitling’s use of the words “Red gold” in its advertising constitutes trademark dilution, infringement, and false description.
According to the lawsuit, the plaintiff alleges that ‘Red gold’ was registered in 2003 in relation to men and women’s luxury watches and related goods.
Solid 21 alleges that after they started using the registered mark in commerce, the defendant began selling, marketing and advertising watches using the ‘Red Gold’ trademark.
The plaintiff alleges that red gold is used to describe a gold alloy with at least one other metal. This phrase was used in Breitling adverts to describe its gold watches said Solid 21.
Solid 21 stated that Breitling also allowed third parties to promote its products using the ‘Red Gold’ trademark.
The plaintiff alleges that the infringement has caused damages, confusion to believing both brands are connected and unfair competition.
The plaintiff accuses the defendant of wilfully blind of its infringement and their full knowledge of Solid 21’s use of and rights in the ‘Red Gold’ mark.
The plaintiff seeks jury, payment for damages, profit made with the use of the mark plus any other as the court deem fit.
Solid 21, Inc. v. Breitling USA, Inc et al
|Court||U.S. District Court for the District of Connecticut|
|Date of Filing||April 5|