By  on September 27, 2010

Los Angeles–based jewelry designer Chris Aire’s Solid 21 Inc. said Friday that it is suing 17 luxury watch brands for infringement of its Red Gold trademark.

Watch companies named in the suit include Rolex, LVMH Moët Hennessy Louis Vuitton’s Hublot and Louis Vuitton brands, Breitling, Richemont International SA’s Baume & Mercier, Montblanc, Omega SA, Chopard, Gerald Genta’s Bulgari brand and the Swatch Group’s Blancpain and Omega watches.

According to the complaint filed in California Central District Court, for over five years, Solid 21 has been “continuously and exclusively using and promoting its Red Gold trademark in connection with the design, manufacture, marketing and advertising of fine jewelry, watches and related goods and services.”

The complaint alleged the defendants “utilized” the Red Gold mark in their marketing, advertising and sales of their product line of fine jewelry, with “knowledge of” Solid 21 and its “use of prior rights in the Red Gold mark.”

Chris Aire is president of Solid 21, which also owns Chris Aire Fine Jewelry & Timepieces. The trademark for Red Gold was registered in 2003.

Red Gold, which refers to gold with an amber hue, not only gave Solid 21’s product a “distinctive look,” but it also “had the secondary use of identifying Solid 21 and its mark,” the complaint said.

The plaintiff said that it has “taken all necessary steps to perfect its Red Gold registrations” and has “filed all items necessary” to make the mark “incontestable.”

The hue of the gold “must be formulated,” since such a shade or hue does not exist in gold’s “natural state,” the suit said.

Because this hue is a mark of Solid 21, it creates “confusion in the marketplace,” the company claimed, adding that it has “suffered and will continue to suffer damage and injury to its business, reputation and goodwill, and will sustain loss of revenue and profits.”

Solid 21 is seeking injunctive relief, as well as compensatory and monetary damages, costs and disbursements.

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