Chris Aire Defeats LVMH, Hublot & Co. In Trademark Case
RED GOLD IS NOT GENERIC.
LOS ANGELES, March 29, 2017 /PRNewswire/ --The King of Bling, Chris Aire, and his company Solid 21 Inc., defeats Hublot of America, Inc., LVMH Moët Hennessy Louis Vuitton, Inc., LVMH Watch & Jewelry USA, Inc., and the Federation of the Swiss Watch Industry FH in Ninth Circuit Court.
Solid 21 Incorporated had been using its famous incontestable trademark, Red Gold for sixteen years before Hublot adopted the same mark in 2005. Prior to the switch, Hublot was using the generic names, rose gold, pink gold and 5N in connection with the sale of their watches. Solid 21 Inc., sued for trademark infringement in 2010.
LVMH and Hublot tried to prevent the jury from hearing the case by moving for summary judgment in 2013. The District Judge, Dolly M. Gee ruled in favor of Solid 21 Inc., in September 2014, finding that there were triable issues of fact sufficient to warrant a trial by Jury, but reversed herself on June 12th 2015, ruling instead that the mark was generic. Her decision was appealed to the Ninth Circuit Court, and the Federation of Swiss Watch Industry FH joined the lawsuit by filing an amicus curiae, throwing in their weight behind their members and hoping to influence the appellate court to rule in their favor.
On Friday March 24, 2017, the Ninth Circuit Court of Appeals reversed and remanded the case against LVMH and Hublot for trial by Jury. This marks the second time the appellate court has rejected a member of the Federation's claim that Red Gold is generic. Breitling attempted to make the same failed argument in the Ninth Circuit Court in 2013.
"We appreciate the order
and are grateful to the appellate judges
for reinforcing our confidence in the law.
We are relieved that the jury will finally get to hear
the facts in this case." Says Aire.
Counsel for Solid 21 Inc., is George E. Akwo, Esq. GA LAW GROUP, Beverly Hills, California 90211
The case is Solid 21 Inc. v. Hublot of America et al., case number 15-56036, in the U.S. Court of Appeals for the Ninth Circuit.
More information about Chris Aire is available on their website www.chrisaire.com
For more information contact [email protected]
SOURCE Solid 21 Inc.
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