Swiss watch firm Audemars Piguet Holding SA has been awarded $9.8 million in damages on its federal claim against Swiss Watch International for trademark infringement.
This story first appeared in the January 8, 2014 issue of WWD. Subscribe Today.
Audemars also won on its New York State trademark dilution and common law unfair competition claims.
In contention was the trade dress of Audemars’ Royal Oak luxury watch line — ranging from $15,000 to more than $1 million per timepiece — featuring an octagonal bezel with eight hexagonal flat screws around the bezel.
Trade dress has to do with creativity, specifically the way a product looks, is presented or even configured. An essential component of any claim is whether the alleged infringing combination is “likely to cause confusion” as to the origin of the product.
After a bench trial in the summer last year, Manhattan Federal District Court Judge Harold Baer Jr. issued an opinion on Monday that awarded Audemars $9.8 million in damages, or nearly $3.3 million in profits for infringing product trebled as allowed under federal trademark law.
The judge also barred, in the form of a permanent injunction, Swiss Watch from manufacturing or selling any infringing watches.
Audemars filed its lawsuit in 2012.