Cartier preempts legal action over Drive watches
Luxury jewellery business Cartier International has preempted legal action over its Drive de Cartier brand by filing a trademark complaint for declaratory judgment.
Cartier filed its lawsuit against watch manufacturer Driva at the US District Court for the Eastern District of Virginia, Alexandria Division on Monday, May 1.
In early 2016, Cartier announced its Drive de Cartier collection of watches and began to sell them in the US.
According to Cartier, the suit arose out of Driva’s “worldwide efforts” to prevent Cartier from using its ‘Drive de Cartier’ mark.
“On February 21, 2017, defendant sent Cartier a letter demanding that Cartier cease using its ‘Drive de Cartier’ mark in the US and numerous other jurisdictions by March 31, 2017,” said the claim.
Driva, which is based in Switzerland, opposed Cartier’s trademark application at the US Patent and Trademark Office (USPTO) in March, added the claim.
In November last year, the mark was published for opposition at the USPTO, and the office did not cite the defendant’s 'Driva' mark as a bar to registration of Cartier’s mark.
Driva owns the mark ‘Driva’ for class 14, which includes watches, in the US.
“As a result of defendant’s legal threats, Cartier has been put in the untenable position of not knowing if or when defendant may sue or take other action against Cartier,” said the claim.
Cartier has asked for declaratory judgment that its mark does not infringe Driva’s, that the use of ‘Drive de Cartier’ is not likely to cause confusion among consumers, as well as damages and costs.
It is also seeking a permanent injunction against Driva preventing it from asserting claims or filing actions against Cartier arising from Cartier’s use of the ‘Drive de Cartier’ mark.
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