In a commercial licensing dispute between Breitling and jeweler Solid 21 Inc. the U.S. Court of Appeals confirmed that the Swiss watchmaker had not infringed the rights of the Solid 21 Inc. jeweler’s trademark by using the expression “Red Gold” in its advertising to describe the color of its watches.
On Thursday March 14, the Second U.S. Circuit Court of Appeals upheld a ruling that the Swiss brand Breitling had not infringed the rights of the jewelry brand Solid 21 Inc. The luxury watchmaker had used the term “Red Gold” to describe the color of its watches.
This decision follows litigation initiated by Solid 21, founded by Chris Aire, which has held a federal trademark for the term “Red Gold” since 2003. In 2022, a Connecticut federal court had ruled in favor of Breitling in the Solid 21 case, concluding that the watch company was using the term fairly.
“Breitling uses the term ‘red gold’ in a descriptive sense, which watchmakers had begun doing long before Solid 21 allegedly began using the term as a trademark,” wrote Richard Wesley, Senior Judge of the Second Court of Appeals.
Neither Breitling nor Solid 21 commented on the decision.
Breitling’s good faith
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Featured photo : © Breitling
