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8 April 2019Trademarks

Solid 21 accuses Breitling of trademark infringement

US watchmaker Solid 21 has accused Swiss competitor brand Breitling of trademark infringement.

In a complaint filed on April 5 at the US District Court for the District of Connecticut, Solid 21 said Breitling’s use of the words “Red gold” in its advertising constituted trademark dilution, infringement and false description.

In 2003 Solid 21 registered the trademark ‘Red gold’ in relation to men and women’s luxury watches and related goods.

According to the filing, after Solid 21 started using the mark in commerce Breitling began selling, marketing and advertising watches using the ‘Red Gold’ trademark.

Typically, red gold is used to describe a gold alloy with at least one other metal. In its advertising, Breitling uses the phrase to describe its gold watches.

Solid 21 said Breitling also allowed third parties to promote its products using the ‘Red Gold’ trademark.

It said Breitling had “full knowledge of Solid 21’s use of and rights in the ‘Red Gold’ mark”, and that Breitling was “wilfully blind” of its infringement.

Additionally, Solid 21 said Breitling’s use of the mark would lead consumers to wrongly believe the two companies are connected.

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Trademarks
11 February 2019   Solid 21 Inc watch company, owned by Nigerian-American watchmaker Chris Aire, is suing Swiss jewelry maker Richemont, alleging infringement of its “Red Gold” trademark.