Update on Chris Aire Red Gold® Trademark Case
LOS ANGELES, June 16, 2015 /PRNewswire/ -- A judge has reversed the latest ruling in Chris Aire Red Gold® Trademark Infringement case number CV 11-00468 DMG (JCx). The ongoing lawsuit accused 15 luxury watch brands, including Hublot and LVMH of using the Red Gold® mark, despite the fact that Chris Aire has held a trademark registration certificate for Red Gold® since 2002. In 2010, Solid 21, Inc. filed a lawsuit on behalf of Chris Aire Fine Jewelry and Timepieces to protect the company's Red Gold® mark. The Red Gold® trademark refers to a special alloying of gold with a distinct color that is used in fine jewelry and watches.
The case has gone through many levels of the judicial process over the past five years. Before the most recent ruling, the Ninth Circuit granted Aire's motion on appeal to revive the lawsuit, indicating that the "Red Gold® mark is registered in accordance with the Lanham Act. The question of whether a term is generic is primarily a question of fact, and when the plaintiff has federal registration of a mark, as Aire does here, there is a strong presumption that the term is not generic. Thus registration places the burden on the defendant to overcome that presumption".
Additionally, the District Judge, Dolly M. Gee ruled on September 2014, in favor of Solid 21, Inc., finding that there were triable issues of fact sufficient to warrant a trial by Jury.
On Friday, June 12th, the same Dolly M. Gee, a United States district judge on the United States District Court for the Central District of California, reversed her own ruling, granting the defendants, Hublot and LVMH's motion for summary judgment.
"This case should be tried before a jury and not decided on a technicality," states Chris Aire. "Judge Dolly M. Gee's reversal of her previous ruling in our favor was a disappointing surprise for our brand and supports our position that there are triable issues of fact in the case. If the same judge can examine identical evidence on two different occasions and rule drastically differently, the case is not clear-cut therefore warrants a trial by jury."
Chris Aire has held a registered trademark for Red Gold® since 2002. Hublot and LVMH both began using the same protected mark in 2005, after Chris Aire had been using the mark to distinguish his watches and jewelry items for years.
"The Chris Aire brand trusts in the American judicial process and remains confident that once the appellate court reviews the case, our Red Gold® trademark will be upheld. We have prided ourselves in innovation, adding significant contributions to the jewelry and watch industry over the past 26 years. This has been a long, seven year legal battle for us, but we'll continue to fight as long as it takes to protect our significant and important trademark," says Aire.
About Chris Aire:
Chris Aire is an iconic US brand known for their fine jewelry and timepieces. Founded upon 26 vibrant years, Chris Aire has dazzled with innovative and dramatic designs, impeccable craftsmanship and flawless materials. The brand is known for its list of celebrity followers that appreciate one-of-a-kind pieces and avant-garde style. Aire opened his first US boutique in Beverly Hills in 2014 to create a superior shopping experience to accommodate his high-profile celebrity customers, special orders, and to present the most exceptional pieces of fine jewelry.
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SOURCE Chris Aire
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