Swiss watchmaker Audemars Piguet has accused Tommy Hilfiger and its licensing partner Movado Group of producing “imitations” of its Royal Oak watch.
In a lawsuit filed last Tuesday in New York federal court, Audemars Piguet Holding SA claimed Hilfiger and Movado “reproduced, copied and imitated” the design of the Royal Oak timepiece.
Citing trade dress and trademark infringement, the Swiss company said the defendants copied the look of its signature watch, that being, among other design elements, an octagonal unitary bezel with attachment studs and a specific decorative pattern.
Trade dress infringement claims concern visual appearance, for example, the look of a product or its packaging, and as a result, they tend to be difficult to prove.
Nonetheless, Audemars Piguet cited Hilfiger’s Eton watch, which was manufactured by Movado, as a prime offender.
“Defendants, without Audemars Piguet’s authorization, intentionally and knowingly have and continue to sell and offer for sale imitations of the Royal Oak watch configuration trademarks,” attorneys for Audemars Piguet said, explaining that since April, they have “repeatedly protested, in writing, the introduction and then sale” of the watches at issue, which continue to be sold today.
Movado Group declined to comment. Tommy Hilfiger did not reply to inquiries seeking comment.
Audemars Piguet emphasized that the sale of the Eton watch, which retails in the $200 price range, could cause “consumer confusion” due to its “similarity in design” to the Royal Oak, which retails for between $16,000 and $800,000.
Marrero disagreed with Louboutin, and allowed YSL to continue to sell the monochrome shoes. But he didn’t stop there. In his opinion, the judge questioned the validity of Louboutin’s trademark and mused about what he called its “monopoly” of the color red.
Louboutin quickly filed an appeal in January of last year, and the New York federal appellate court rendered a decision nine months later, disregarding Marrero’s thoughts about any kind of monopoly.
The court backed the validity of Louboutin’s mark, but narrowed it to refer to contrasting uppers, meaning YSL, or anyone else, could sell a red shoe with a matching sole.
The Audemars Piguet case will likely be more straightforward, even though trade dress infringement is involved.
For its part, Audemars Piguet is seeking an injunction barring the sale of the Eton watch, in addition to profits garnered from the sale of the timepiece, punitive damages and attorneys’ fees and other costs.
A grooming moment between @tanfrance and @antoni last night at the The LGBT Community Center Trailblazer Awards honoring Anna Wintour, Ricky Martin and more. See more photos at WWD.com #wwdeye (📷: @lexieblacklock)
“It was a very surreal feeling. It wasn’t like we were in the studio together coming up with it — it’s more like he discovered it and loved it. I didn’t let myself get my hopes up, but then it happened it was very exciting,” said singer-songwriter @nombe on discovering that @pharrell would be using his song, “Cant Catch Me” on his HBO documentary series “Outpost.” The German-born singer — named Noah MacBeth — talked to WWD about feminism, using art as a platform for political expression and personal style. Read more on WWD.com #wwdeye (📷: @jilliansollazzo)
This season, denim is going west – in influence. Brands like @fathersdaughterla (pictured here), @tommyhilfiger Jeans, @levis and more are opting for raw, top-stitching styles. (Styled by @thealexbadia; 📷: @ryanplett)
20-year-old British singer @jorjasmith_ made her debut at Coachella last weekend. We caught up with her and talked about her love for Amy Winehouse, working with Kendrick Lamar on the “Black Panther” album and her fashion philosophy. Read the interview on WWD.com #wwdeye (📷: @katiedaisyla)
Supermodel @helenachristensen teamed up with longtime friend and designer @camillastaerk on a joint @paredeyewear collaboration. The lineup features three styles and 11 offerings, all of which embody a vintage feel. Get all the details on how they celebrated the collab on WWD.com. #wwdaccessories #wwdeye (📷: @slovekinpics)
“It’s a hard industry to keep motivated, as well, so finding different subjects and people is what makes it worth it – when you’re like, oh, I’ve met great people, I feel like I’ve done something good, and I feel proud of having done this,” said French actress Stacy Martin on being grateful for the variety of roles she’s take on. Read @ktauer’s full interview with Martin on her her latest film “Godard Mon Amour.” #wwdeye (📷: @danieldorsa)