Solid 21, Inc. Announces That Chris Aire Wins Major Ruling in Red Gold
Trademark Infringement Case
LOS ANGELES -- March 26, 2013
The Ninth Circuit has reversed a lower court’s dismissal of a suit by Solid 21
Inc., which sells the work of designer Chris Aire, accusing Breitling USA Inc.
of infringing on Chris Aire's Red Gold® trademark.
The case, filed by Solid 21 Inc. on behalf of Chris Aire Fine Jewelry and
Timepieces, is one of 15 cases Chris Aire had filed in January 2011 to protect
the company's Red Gold® mark. In the lawsuits, Chris Aire accused
Breitling,Swatch, Bulgari, LVMH Moet Hennessy Louis Vuittonand several other
watch brands of using the Red Gold® mark despite the fact that his company has
held a trademark registration certificate for Red Gold since 2003. The Patent
and Trademark office had also deemed the trademark incontestable as far back
as 2007. Since obtaining his trademark, Chris Aire has expended millions of
dollars to brand the mark and create demand for it in the marketplace via
tastemakers and other celebrities.
In ruling for Chris Aire, the Ninth Circuit held that U.S. District Judge Gary
A. Fess had erred in ruling that the Red Gold® mark was generic and not
protectable:“Solid 21’s federal registration of its trademark constitutes
prima facie evidence of the mark’s validity.”
"This ruling reaffirms that we live in the greatest country in the world and
that the rule of law bends towards truth and justice," Chris Aire notes. "I am
truly grateful to the Ninth Circuit judges and the American legal system for
reaffirming my faith that the law protects us all. We've worked very hard to
build our brand within the confines of the law, and no company should be
allowed to just come in and take that away from us.We are not trying to
monopolize the look – we simply want to protect our brand, our name and our
work. The ruling by the Ninth Circuit shows that no company, however large and
powerful, is above the law," Aire reinforced.
Given this reversal, Breitling must now return to the District Court to once
again try to circumvent Chris Aire's Red Gold® trademark, a daunting task
given the Ninth Circuit's admonition thatChris Aire "has submitted supporting
documentation indicating that its Red Gold® mark is registered in accordance
with the Lanham Act."
For Solid 21 Inc.
Virginia Halevi, +972 54 4422847
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